When it comes to the ins and outs of filing a DBA claim, the first step you must take, is always tell the truth. Under no circumstances, never sugar coat anything. The moment you start to over exaggerate your injury, is the moment you can kiss you case good bye. Count on it.
I have seen it happen to many hard working civilian contractors before.
Never tell a lie, and always tell the truth. Your credibility with the Defense Base Act insurance company and the Judge depend on it.
The Next Step
Before you fill out any forms or start the process of your DBA claim, you need to 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 helpful information that will only benefit you on your road to recovery with your Defense Base Act Claim.
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Call our office today at (619) 234-2833. We are here to help. We are here to listen.
If you were injured working overseas, the first thing to remember is that your injury is covered by the Defense Base Act. With very few exceptions, any action at any time that takes place while you are overseas—including recreational activity—should be compensable. You do not have to be actively working at the time of your injury to qualify for DBA coverage.
Keep These Ten Tips in Mind While Building Your Defense Base Act Claim
In order to protect your case, remember these pointers after you have been hurt…
- Report your injury immediately. The best thing you can do to help your case is to report your injury to someone in a position above you at your company as soon as possible. You can build a paper trail by confirming the report in an email, and saving the confirmation in your inbox.
- Don’t give a recorded statement. Spoken and written statements are only used to deny an injury claim. The same goes for medical or employment releases. If an insurance adjuster tells you he needs your statement or signed release before he can provide you with medical treatment or weekly compensation benefits, your next call should be to a Defense Base Act lawyer.
- Choose your doctor wisely. You get one free choice physician under the DBA, so use it to your advantage. Explain the specifics of your job to your doctor, making sure he understands the rigors of Defense Base Act employment. Never choose a doctor suggested by the DBA insurance adjuster.
- Say “No” to the nurse case manager. Don’t allow the insurance company’s nurse case manager to go into the examination room with your doctor. The nurse case manager’s job is to save the insurance company money, so politely ask him or her to wait in the waiting room.
When Your Claim Is Denied Or Is In Dispute…
- Keep it short with the insurance adjuster. Remember: the insurance adjuster is not your friend—he’s trying to save his company money. Anything you say can and will be used against you, so keep your interactions polite but short.
- Collect evidence. Your compensation rate is based on your earnings, so make sure to document all of your wages, bonuses, and all of your pay stubs and W-2s.
- Document medical treatment. Keep records of all medical treatment you received, both in the U.S. and overseas. Get copies of all your overseas medical records before you return to the United States.
- Gather witnesses. Before you leave for the U.S., make sure you have contact information of any witnesses who saw your accident happen.
When You’re Taking Your Case To Court…
- Hire the right attorney. No matter how helpful the insurance adjuster is, don’t take legal advice from him—and never hire a lawyer suggested to you by the DBA adjuster or nurse case manager.
- Always tell the truth. Don’t lose your case by fudging the facts. Tell the truth about any previous injuries or potential involvement you had in the accident.