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Defense Base Act & PTSD: The Time Frame to File a DBA Post Traumatic Stress Disorder Case

Comments (3)

Folks that follow this Defense Base Act website know that I encourage questions. I got a really good one yesterday.  Here it is:

Is there a time frame to file a dba claimed after you have ended employment? I worked as a security contractor for 3.5 years and think I suffer from a range of PTSD symptoms.

Statute of Limitations

The law calls the time frame to file a case or claim the Statute of Limitations. In other words the time limit you have to file your claim.

Now let’s back up. It seems many folks that served as overseas contractors in Iraq and Afghanistan suffer from a range of PTSD symptoms. It is all too common. I have seen it time and again. It is not uncommon for folks to suffer the affects from these wars years and years afterwards.

Your first step

The first step you should take if you feel like you may be suffering from PTSD, is to get some medical help. I've talked to many doctors about PTSD, and most feel the same way I do. I don’t like the term Post Traumatic Stress Disorder. I - along with many medical professionals believe the proper term should be  Post Traumatic Stress Injury.  Make no mistake about it - these aren’t “disorders” that folks have. These are injuries. Just as real as any other injury that folks had in working in war zones.  

My next best advice is for folks to order a free copy of my book, Win Your Defense Base Act Case. I published the book to help folks like you with their DBA claim. This book has helped many injured overseas contractors with their case. 

Check out the 5 star reviews that my book has received on Amazon.com. You can buy the book there, but I can ship it over to you completely free, I will even cover shipping.

When you can bring a DBA PTSD case?

The first thing that you need to know is that even if it has been years since you worked overseas - you are not necessarily barred from bringing a Defense Base Act Post Traumatic Stress Disorder claim.  A DBA PTSD claim has a different statute of limitations than most DBA claims.

In essence, you can bring your DBA claim up to one year after you knew or should have known that you suffer an injury that was caused by your employment overseas. Typically, that is when a medical professional diagnosis you with having PTSD that was caused by your being overseas in a war zone like Iraq or Afghanistan.

However, there are exceptions to this rule. Under some circumstances you may be able to win your claim by proving that you filed within one year of when you knew that you had a wage loss based upon your PTSD injuries.

The long and short of the matter is this. If you suspect that you have Post Traumatic Stress Disorder symptoms and you worked overseas as a civilian contractor - you need to hire an honest Defense Base Act lawyer as soon as possible.  The sooner that you file your claim the more likely that you will prevail.

However, even if it has been 3-4 years or even many more years since you worked overseas in a war zone, you can still successfully prevail in brining a Defense Base Act claim.

Getting to a better place

After filing your DBA claim you need to get medical help.  You can get to a better place once you get the help that you need for your injuries. Time and again, I have seen folks get much better. First, getting the right treatment is key.  Second,  knowing that your injuries were caused by working in a war zone and winning your DBA claim is sort of validating to many folks.

There is no statute of limitations for medical treatment under the DBA

You should know that medical treatment is never time-barred under the DBA.  This means that you are entitled to receive medical treatment for your injuries even if you missed the statute of limitations.

Getting the money compensation you are entitled to under the law

Finally, you are also probably entitled to money compensation under the Defense Base Act.  This is based upon the law.  This is for temporary total disability and permanent total disability.  Under many circumstances, this can be substantial sum of money.

While I can’t guarantee any of this - because nothing in life or law is guaranteed, your first step is to file a claim and get the help that you deserve and are entitled to under the law.

Thanks again for the great question.

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William Turley
“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”
3 Comments:
Hi i worked for an company who caused ptsd back in 2012. In 2015 i filed a claim against them for workers comp which i won. The company appeled and i won again in 2016. However i want to sue the company for Neglgence/PTSD and essperating my pre exsiting condtion. I knew i had ptsd feb 11,2015 and have been under strong meds that makes me sleep all day and nite. I have a nurse that comes in 6 days a week to help me do house choirs and give meds. I am a complete reck with no hopes of getting better. They just sudate me. I want Justice for what they did to me can i still file a law suit against the company or am i time barred? Sorry long winded.
Posted by Linda Remy on November 28, 2016 at 06:32 PM
This is a great question. The quick answer is Yes. You can recover under the Defense Base Act for PTSD long after you worked overseas. I will cover this question soon on our podcast. You can hear our podcast at http://dbaradio.libsyn.com/ Thanks again for the great question. Bill
Posted by Bill Turley on October 6, 2016 at 11:59 AM
Can you help me. I left Iraq in 2010 and I haven't been right since. I didn't know that there was help for contractors that were overseas in Iraq until yesterday when I looked into it.
Posted by Earnest Taylor on October 5, 2016 at 04:41 PM

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