Even if you do not think you will need to go to court to settle your Defense Base Act (DBA) case, it is a good idea to keep copies of as many documents and correspondences as you can. For example, you should maintain a file that contains the following evidence for your DBA case:
- Wage records. The amount of money you receive in injury compensation rate is directly based on your past earnings. If you have not already done so, you should make copies of all of your pay stubs, wage records, bonuses, and W-2s from your current employer.
- Medical records. You should keep your own records of any medical treatment you received for your injury, both in the U.S. and overseas. Summaries and treatment notes, x-rays, MRIs, prescriptions, appointment details, and any other medical information that can be used to show the extent of your injury can be useful.
- Witnesses. If you can remember anyone who was present at the time of your injury, make a list of their names, addresses, phone numbers, e-mail addresses, or other descriptors that can be used to track them down. Many injured workers lose touch with key witnesses once they have returned to the U.S., so anything you can remember about who was there may be helpful.
- Receipts. Keep track of any payments you have made in relation to your injuries, such as copays, personal assistance devices, over-the-counter medications, and anything else you needed to make your injury more bearable.
- Personal accounts. Some injury victims have difficulty recalling dates and how they felt about their condition during healing. For this reason, it may be helpful to keep a diary of your medical treatment that offers specifics about your injury, such as “I couldn’t get out of bed today,” or “I made it up the stairs for the first time this morning.”
Will the Records I Have Gathered Help Me Win My DBA Case?
If you are not sure the evidence is in your favor, you may ask a Defense Base Act attorney to look over your case for you, or learn more in our free book, Win Your Defense Base Act Case. I wrote it so that folks like you could read up on the tricks and traps that the insurance companies use to get you to tank your case.
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