Go to navigation Go to content
Toll-Free: 866-705-4617
Phone: 619-234-2833
The Turley & Mara Law Firm, APLC

Israel Defense Base Act - A DBA Case Study

Comments (0)

Defense Base Act

“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure do also. I always use plain English, with no sugarcoating no B.S lawyer talk, and no double talk- just old fashioned, unsweetened, unvarnished truth-just the way that I would want it.” -Bill Turley

Always Tell The Truth

No matter what type of injury or how you were injured, you need to be frank and up front about it with yourself, your attorney and your doctors. Do not lie or over exaggerate anything. If you do, you will be in a worse situation then you already are.

Always tell the truth to the judge and to your attorney. Your credibility in court depends on your honesty. People are more likely to trust you and help you, if they can see your honest.

The steps you take and the way you present your case is very important. Do your research. Order my free book, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To The Medical Treatment and Money You and Your Family Deserve. It is full of a ton of information that will help benefit you and your DBA Case. Check out the Amazon Reviews before you do.

Need help today? 

Call us at (619) 234-2833. We are here to help or answer any questions you might have concerning your DBA case.

Israel Defense Base Act - DBA Lawyer Straight Talk

“Before speaking, consult your inner-truth barometer, and resist the temptation to tell people only what they want to hear.”
― Wayne W. Dyer

When bringing a Defense Base Act case, it almost always comes down to you. Whether the Judge believes you or not. This is why you have to tell the truth about everything. The DBA insurance company (read: CNA, AIG, Allied World National Assurance Company aka AWAC, Broadspire, etc) will hire sharp attorneys that are going to set trap after trap to try and trip you up. That is, to attack you and your credibility.  This is why while it sounds easy to say “tell the truth” - it isn’t so simple at all.

My best advice is always tell the truth. About everything. All the small details really, really matter.

My second best advice is to get my 5 STAR reviewed book - Win Your Defense Base Act Case. You don’t need to believe what I say about my book. Go here to see all the 5 STAR reviews on amazon.com. You need to read my book before you fill out any forms, talk to the DBA adjuster, give any statements or even hire the wrong DBA lawyer.

I also suggest you check out: DBARadio.com podcast.  THE Defense Base Act podcast.

 

Israel Overseas Civilian Contractors and the Defense Base Act


Israel Defense Base Act - A DBA Case Study

You might ask, “Hey, what do you know about the Defense Base Act and/or Israel and the Defense Base Act?  Good question. It’s one I would ask. Besides writing THE book on the Defense Base Act, my firm is one of the top two largest Defense Base Act law firms in the world that represents seriously injured overseas civilian contractors.

So whether you are a security contractor that works in Israel or you work in one of the diplomatic compounds - and you work for a private contractor you are probably covered by the Defense Base Act.

Disclaimer:

This case study is simplistic in order to achieve clarity. All cases are different. As I say here - it is usually all about telling the truth. There are no guarantees in life or law. Just because there was a good result in this case study, doesn’t mean you will have the same result. The names have been changed in order to protect folks privacy.

 

A Private Security Company in Israel

Tim works for a private security company in Israel. Tim can only talk generally that he performed force protection work, but his exact duties and work locations are classified and were subject to a Department of Defense non-disclosure agreement. Which, of course, is a reccurring theme in many of our cases. Tim is a force protection officer.

Even though Tim does all sorts of stuff that he can’t talk about, he is injured when he slips and falls. He has a back injury.

The DBA insurance company denies the claim because they say there is nothing dangerous or particular to being overseas that caused Tim’s injury. A routine slip and fall that could have occurred anywhere.

Applying the Law to the Facts - Force Protection Officer’s Slip and Fall in Israel

Now we will delve into the law a tad and apply the law to Tim’s case.

Under the DBA, an injury generally occurs in the “course of employment” if it occurs within the time and space boundaries of the employment and in the course of an activity whose purpose is related to the employment. In cases arising under the DBA, the United States Supreme Court has held that an employee may be within the course of employment, even if the injury did not occur within the space and time boundaries of work, so long as the “obligations or conditions of employment” create a “zone of special danger” out of which the injury arose. Thus, an injury is covered by the DBA where it results from “one of the risks of the employment, an incident of the service, foreseeable, if not foreseen.”

In this case, the DBA insurance company argues that there was nothing unique or different about where Tim's slip and fall occurred. However, in a recent case, the appeals court rejected the position that the zone of special danger doctrine does not encompass risks that might also be present in locations other than the particular site of the employee’s injury, noting that similar arguments had been rejected by previous cases.

The appeals court stated:
 
"Although the requisite “special danger” covers risks peculiar to the foreign location or risks of greater magnitude than those encountered domestically, the zone also includes risks that might occur anywhere but in fact occur where the employee is injured.  “Special” is best understood as “particular” but not necessarily “enhanced.”

Thus, in this case, it was found that Tim’s injuries in Israel as a force protection officer - even though it was a routine “slip and fall” injury - were covered under the DBA.

Conclusion

What you are going to see is that the law is not all black and white. It is oftentimes the “grey” cases that aren’t settled.  It depends. What you can do though to help your case is to always tell the truth.  My suggestion is you get my book - Win Your Defense Base Act Case and check out the DBARadio.com podcast.  THE Defense Base Act podcast.

Be the first to comment!

Post a Comment

To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."

Name:*

Email:* (will not be published)

Message:*

Notify me of follow-up comments via email.

Live Chat