“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure you 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
The First Thing You Must Do
The first thing you must do is always tell the truth. No matter what it is you are worried about, you must always be honest and never sugarcoat anything to the judge or you attorney. If you do, then you will lose your case. Trust me, I have seen it time and time again. Do not be that person.
The Next Step
Before you even think about signing any forms from the DBA insurance company, 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 information that will benefit you with your road to recovery and peace of mind after becoming an injured DBA contractor.
Also you can check out my podcast at DBAradio.com where i cover important DBA issues.
Need Help Today?
If you need help now, give us at call at (619) 234-2833.
What Happens If You Were Injured Or Have An Illness (That Is Not Work Related) After Your DBA Injury?
From time to time we see the situation where a DBA claimant is injured and they come back home. The DBA insurance carrier starts providing DBA benefits. Then the Claimant has some type of not DBA-related injury or illness that renders them disabled. What happens then? Too often the DBA insurance carrier is looking for an excuse to stop DBA benefits. A new injury or disability is good enough for some DBA insurance carriers. They will cut the Claimant's DBA benefits in a New York second. Is this correct under the law? Can the DBA insurance carrier stop my Defense Base Act benefits if I have a non-DBA related injury or illness while I am receiving DBA benefits?
With respect to an the Defense Base Act insurance company's continuing liability, it is well established that the Defense Base Act insurance company remains liable for the natural progression of a work-related injury. However, if claimant sustains a subsequent injury (or illness) outside of work or while working for a non-DBA employer that is not the natural or unavoidable result of the original work injury, or if she subsequently develops an unrelated medical condition that has no causal connection to the work injury, any disability attributable to that intervening cause is not compensable.
The Defense Base Act insurance company remains liable for any disability attributable to the work injury, or to the natural progression of the work injury, notwithstanding the supervening injury (read: new injury). The Defense Base Act insurance company is absolved of all liability for further benefits only if the subsequent injury/ illness is the sole cause of claimant's disability.
The existence of an intervening cause does not cut off the Defense Base Act insurance company's liability for disability benefits attributable to the original work injury and to the natural progression of that injury.
A Case Study
Claimant - while working in Afghanistan for a DBA employer - has an arm injury that causes Claimant to be temporarily totally disabled. Claimant returns home and is getting DBA weekly benefits and medical treatment. Claimant then develops cancer that is non-work related. The cancer causes Claimant to be temporarily totally disabled. Under these circumstance the DBA Judge must address the evidence relevant to the issue of any disabling effects of claimant's work-related arm condition separate and apart from the disability associated with claimant's cancer.
The fact that claimant was totally disabled by her cancer does not foreclose her entitlement to disability benefits during the relevant period if her arm-related work restrictions, considered alone, rendered her totally or partially disabled. If Claimant is also totally or partially disabled due to the DBA upper extremity injury, then Claimant is entitled to DBA compensation benefits.
Strength vs. Weakness
You can't be afraid to protect your rights. If you want to get what you are entitled to under the DBA - you have to be ready to take your case to court. You have to be prepared to win. Hoping for a good settlement is a fool's errand. You want to and need to negotiate from a position of strength. You don't do that unless you are prepared to win in court.
“You should compare the lawyers you are thinking about hiring. If you can find a better DBA Lawyer than us, you should hire them.”
How us being from San Diego helps you.
We are based in San Diego, California. This is a benefit to you. Few Defense Base Act lawyers have been handling DBA cases longer than us. The Defense Base Act falls under the Longshore and Harbor Workers Compensation Act. We have been handling Longshore Act cases since 1987. Because San Diego has the largest shipyard on the west coast with thousands of shipyard workers and San Diego’s waterfront, we have gained valuable experience with these cases long before the United States sent civilian workers to Iraq and Afghanistan. That experience helps us win Defense Base Act cases.
Leading Defense Base Act Attorneys
Awarded Super Lawyer 2011 - 2017
Invited to Speak on the Longshore Act / Defense Base Act at 2011 Maritime Personal Injury Seminar
New York Times Top Attorney
Elected President of the Consumer Attorneys
The Most Comprehensive Defense Base Act Website
This is the most comprehensive Defense Base Act website. Each month this website gets hundreds of searches related to Defense Base Act issues. Seriously injured DBA workers and their families use this website to help win their DBA case. So should you.
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