Defense Base Act Lawyer: Defense Base Act Death Claims I DBA Death Benefits Explained I DBA Death Claims I Defense Base Act Death Claims: A Case Study of a DBA Driver In Afghanistan That Suffered a Fatal Heart Attack I We stand up to the Defense Base Act insurance company that is trying to keep you from getting the DBA Death Benefits your family is entitled to under the Defense Base Act. Best Rated DBA Lawyer - DBA Super Lawyer Defense Base Act Attorney Call 619-234-2833 (510) 858-2822 or toll free at 866-963-0540

Defense Base Act Death Claims: A Case Study of a DBA Driver In Afghanistan That Suffered a Fatal Heart Attack

"If your family member was killed while working as a DBA worker, you and your family may be entitled to Defense Base Act benefits. We can help you get the DBA benefits you and your family deserve.” " Defense Base Act Lawyer - Bill Turley

Defense Base Act Death Benefits I DBA Death Benefits I DBA Death Claims

This is what other people say about us:

Awarded Super Lawyer 2011

Highest Rated DBA Lawyer San Francisco Avvo.com Rating San Diego Avvo.com Rating

Invited to Speak on the Longshore Act / Defense Base Act at 2011 Maritime Personal Injury Seminar

New York Times 2011 Top Attorney

Elected President of the Consumer Attorneys

Why Fantastic Ratings, Great Reviews, Awards, Teaching, and Leadership Are A Benefit To You

We don’t mean to suggest the only way someone can be a really good Defense Base Act Lawyer is to have fantastic ratings, get great reviews, win prestigious lawyer awards, be asked to teach other lawyers about the Defense Base Act at lawyer seminars and be elected to lead lawyer organizations. What these things do mean is that people that do know good lawyers from bad lawyers have chosen us for these honors.


Defense Base Act Death Claims: A Case Study of a Driver That Suffered a Fatal Heart Attack in Afghanistan

The Defense Base Act provides for death benefits to certain survivors if the injury causes death. In determining whether an injury and/or death is work-related, a claimant is aided by the DBA Presumption of Compensability.

The DBA Presumption may be invoked only after the claimant establishes a prima facie case, i.e., the claimant demonstrates that the decedent suffered a harm and that an accident occurred, or conditions existed, at work which could have caused that harm.

In order to establish her prima facie case, and thus entitlement to invocation of the Defense Base Act Presumption, claimant is not required to introduce affirmative medical evidence that the working conditions in fact caused, contributed to or accelerated the decedent’s disability and death; rather, claimant must show only the existence of working conditions which could have caused or contributed to decedent’s disability and death.

In order to invoke the presumption, “a claimant must offer ‘some evidence’ of [an injury and working conditions].”

In a recent case, the Claimant’s doctor stated: “[F]rom available information, I consider that this patient’s cardiomyopathy was more likely than not the result of a viral myocarditis which the patient contracted in December 2006 when he was working as a driver for [employer] in Afghanistan…”

Once claimant establishes a prima facie case, The DBA Presumption applies to relate the disability and death to the employment, and employer can rebut this presumption by producing substantial evidence that the decedent’s disability and death were not related to the employment. In this case, the Claimant’s heart condition was found to be related to the DBA employment and was therefor compensable under the Defense Base Act.


Defense Base Act Death Benefits Explained

Under the Defense Base Act Death Benefits are paid to a widow or widower or other eligible survivors if the DBA injury causes the employee's death. In addition, the DBA provides funeral expenses, up to a maximum of $3,000.

Widow Benefits

The widow or widower receives 50% of the average weekly wage of the deceased DBA employee for life or until remarriage.


What happens if I remarry?

Upon remarriage, a widow or widower receives a lump sum payment of compensation covering two years.


Children’s Benefits

Additional compensation is payable - 16 2/3% of the employee's average weekly wage - for one or more children.

If children are the sole survivors, 50% of the employee's average weekly wage is paid on behalf of the first child. Where more than one child is entitled to benefits, a maximum of 66 2/3% applies, shared equally.

Benefit payments to children, brothers, sisters, and grandchildren terminate when they reach 18, but may be extended to age 23 if the child or beneficiary is a student.


We can help you and your family

Call us: 619-234-2833

California's and the West Coast's Leading Defense Base Act Lawyers

Oakland Office

1300 Clay Street, Suite 600
Oakland, CA 94612
(510) 858-2822

San Francisco Office

425 California St. 18th Floor
San Francisco, California, 94104
866-963-0540

Los Angeles Office

3255 Wilshire Blvd, Suite 1801
Los Angeles, California 90010
866-963-0540

San Diego Office

625 Broadway, Suite 625
San Diego, California 92101
619-234-2833

Research Your DBA Claim

Defense Base Act Lawyer: Defense Base Act Death Claims

We stand up to the Defense Base Act insurance company that is trying to keep you from getting the DBA Death Benefits your family is entitled to under the Defense Base Act.

Best Rated DBA Lawyer - DBA Super Lawyer Defense Base Act Attorney

Call 619-234-2833 (510) 858-2822 or toll free at 866-963-0540


Practice Areas:


    ©2010 The Turley Law Firm, All Rights Reserved
    The Turley Law Firm website and all its contents are copyrighted. All articles, photos and graphics may not be reproduced, republished, retransmitted or redistributed without prior written permission.

The Turley Law Firm
626 Broadway, Suite 625
San Diego, CA 92101
Phone: (619) 234-2833
Fax: (619) 234-4048
Toll Free: 866-963-0540


The San Diego, California personal injury law firm of The Turley Law Firm serves clients across  Southern California area. We give you straight talk about your legal options. We have handled cases from San Diego to Imperial Beach to Oceanside to Escondido to El Cajon, everywhere in between, such as: Alpine, Camp Pendleton, Cardiff, Carlsbad, Chula Vista, Coronado,  Del Mar, Eastlake, Encinitas, La Mesa, La Costa, La Jolla, Lakeside, Lemon Grove, Mission Bay, NAS San Diego, National City, Naval Station San Diego, North Island, North County, Pacific Beach, Point Loma, Port of San Diego, Poway, Ramona, Rancho Bernardo, Rancho Santa Fe, San Marcos, San Diego Harbor, Santee, Solana Beach, South Bay, Spring Valley, Vista.

We handle cases across California, including: Riverside County, San Bernardino County, Orange County, Imperial County, Los Angeles County, and Ventura County, Colorado River, Mexico, Cabo, Pacific Ocean and all the Oceans and waterways across California and the World.


Work Accident Lawyer San Diego l  San Diego Jones Act Attorney I San Diego Boat Accident Attorney I San Diego Ship Accident Attorney I San Diego Longshore Act Attorney I San Diego Defense Base Act Attorney I San Diego Product Liability Attorney I San Diego Wage and Hour Class Action Attorney, San Diego Toyota Attorney I San Diego Catastrophic Injury Attorney I San Diego Disability Insurance Attorney I San Diego Unum, Unumprovident & Paul Revere Attorney



William Turley

©2012 The Turley Law Firm, All Rights Reserved, Reproduced with Permission Privacy Policy
Attorney web design by Foster Web Marketing, the best attorney website design solution on the Web offering search engine optimization for attorneys, lawyer website design, video for attorneys, and more.
Get SEO Tips from The Attorney Internet Marketing Blog