“I’ll tell you what the public likes more then anything. It’s the rarest commodity in the world-honesty.” -Merle Haggard
My Best Advice
My best advice to you is for you to always tell the truth. Always. When bringing a court case, nothing is more important than your credibility. Nothing else is even close. The DBA insurance company lawyer is going to try and make you look like you are lying. If this happens, the Judge will rule against you and you will lose. Bank on it. I know I do.
My Second Best Advice
Which brings me to my second best advice. The problem is that in many instances folks get caught in traps left for them by the DBA insurance company. In other words, they don’t know that they are messing up their case. Happens all the time. Well meaning honest folks get caught in one of the DBA insurance company traps.
Which is why I strongly suggest that you read my free book - Win Your Defense Base Act Case. Win Your Defense Base Act Case is the best investment you are going to make. You can order it free here on this website or you can pay for it by ordering it from Amazon.com.
Also you can check out my podcast at DBAradio.com where i cover important DBA issues.
Defense Base Act Hearing Loss Case Study: A Security Specialist in Afghanistan
Many Civilian and Overseas Contractors lose their hearing unfortuantely. If you are one of them, you probably wonder if you have a Defense Base Act Hearing Loss Case. This article is about a Defense Base Act Hearing Loss Case study.
Joe has been around guns his entire life, he even grew up hunting with a high caliber shot-gun. Joe enlisted early on in his life and was in the U.S. Army for thirteen years - with almost the entire time being around firearms and loud noise. After he worked as a police officer for a few years. Joe hears from a friend about the money that could be made while overseas. His hearing was already bad at this point. Joe is hired as a security specialist and works three months in Afghanistan in early 2013. While in Afghanistan he routinely had firearms training and rode in loud military type vehicles. There were also mortar and rocket attacks at the base where he was stationed.
Under the Defense Base Act, the entire hearing loss is compensable. Joe can recover the full amount of his hearing loss, even if most of it was caused before his Defense Base Act job.
Joe has his hearing tested and he has a 17.9 percent binaural hearing loss.
Joe’s salary was for $135,000 a year. Thus, he has a maximum compensation rate of $1,325.18.*
Thus, Joe’s permanent disability calculation is as follows:
200 weeks x 17.9% = 35.8 weeks
$1,325.18 x 35.8 weeks = $47,441
Thus, Joe are entitled to $47,441 in permanent disability for your loss of hearing. Including medical treatment, Joe’s case settles for $60,000.
* Average Weekly Wage is probably the most heavily contested issue in Defense Base Act cases.
With Defense Base Act hearing loss claims, the attorney fees should be paid by the DBA insurance company in addition to the compensation you receive; DBA attorneys should only make money if you do - and that's how our firm works.
The DBA Falls Under the Longshore Act
Under the provisions of the DBA, overseas federal military and public works contractors are subject to the same workers' compensation rules, including the same insurance requirements and same schedules of benefits for affected workers, as maritime firms covered by the Longshore and Harbor Workers' Compensation Act (LHWCA).
Why Having A San Diego Defense Base Act Lawyer Is A Benefit To You
I'm based in San Diego, California and this benefits you as Defense Base Act case client. Few Defense Base Act lawyers have been handling DBA cases longer than I have. I have been handling Longshore Act cases since 1987. San Diego has the largest shipyard on the west coast with thousands of shipyard workers. I have offices in San Diego, Oakland, Los Angeles, San Francisco and Bakersfield. I represent Longshore workers up and down the west coast. I gained valuable experience with these cases long before the United States sent civilian workers to Iraq and Afghanistan.
There are many former military types that went to Iraq and Afghanistan that returned to San Diego and California with serious DBA injuries. In addition, many linguists are from California. When they needed help with their Defense Base Act cases they hired my law firm. Today, my law firm represents more Defense Base Act workers than any other law firm on the west coast. Defense Base Act cases are what we do. We represent DBA workers from across America and from around the world.
Your Hearing Loss and the Defense Base Act
Defense Base Act cases are more complicated than the normal Workers Compensation cases, and unscheduled injuries like ear/hearing disabilities are cases The Turley & Mara Law Firm, APLC skillfully gets the best settlements for our clients, time after time. If you have a Defense Base Act injury claim we can help you get the benefits you deserve, whether they are hearing injuries, amputations of limbs or fingers and toes. We do our best, drawing from our experience and time spent on Defense Base Act cases to get you the best settlements for your hearing loss Defense Base Act claim. Contact us today to discuss your case.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley