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 should you sugar coat anything. 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.
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.
If you go over to Amazon.com, you can see all of the 5 Star Reviews my book has earned. These are folks that wanted to research their case, and found my book. Now they are spreading the word, so to speak.
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Call our office today at (619) 234-2833. We are here to help. We are here to listen.
The Defense Base Act and Scheduled vs Unscheduled Injuries
Working overseas can be dangerous. Unfortunately, it is not unusual for a defense base worker to sustain an injury that leaves him with a permanent disability.
The Defense Base Act (DBA) allows for two categories of permanent disability: permanent total disability and permanent partial disability. Your benefits will be determined by the category that your disability fits into.
Permanent Total Disability (PTD):
A person is considered to have a permanent total disability when their injury leaves them unable to work in their occupation or in any occupation for which they have skills, training or experience. An example of a permanent total disability is a traumatic brain injury that makes it difficult to concentrate or follow directions.
Permanent total disability benefits are calculated as two-thirds of the worker’s average weekly wage. Permanent disability benefits are payable as long as the disability continues.
Permanent Partial Disability (PPD):
Most permanent disabilities are permanent partial disabilities. You are considered partially disabled if you will eventually be able to return to your job or to another job. If you have a permanent partial disability, your benefits will be determined based on what part of the body is injured and the severity of the disability. The first thing you need to know is whether you have a scheduled disability or an unscheduled disability.
A scheduled disability refers to loss of function in one of the body parts listed below. If your injury fits into one of the categories on the list, you may receive DBA benefits for a set period of time based on the severity of your injury.
Scheduled Disabilities Under the Defense Base Act
Below is a list of disabilities and the number of allowed weeks of compensation:
- Arm – 312
- Leg – 288
- Hand – 244
- Foot – 205
- Loss of hearing in both ears – 200
- Eye – 160
- Thumb – 75
- Loss of hearing in one ear – 52
- First finger – 46
- Great toe – 38
- Second finger – 30
- Third finger – 25
- Toe (other than great toe) – 16
Some permanent partial injuries are more serious. If you permanently lose all of your hearing in both ears, you may not be able to return to your job. However, with some training and rehabilitation, you will able to work in other fields. A worker who loses his hearing is eligible for 200 weeks of compensation. The government believes that this is enough time for you to get the rehabilitation and training you need to find a new job.
It is important to note that the amount of benefits you receive also depend on the severity of your disability or your disability rating. The number of weeks listed in the table is based on total loss. If you lose 50 percent of your hearing in both ears, you are only eligible for half the compensation. You will receive 100 weeks of benefits.
If your disability is not on the list, you have an unscheduled disability. Unscheduled disabilities include illnesses, brain injuries, back injuries, shoulder injuries and neck injuries. If you have an unscheduled disability, you will receive 2/3 of the difference between your average weekly wage and your current earnings.
Not sure which category you fit into to? Does your compensation seem inadequate? If you don’t agree with your employer’s evaluation of your disability, get a second opinion. Contact the Defense Base Act lawyers at The Turley Firm at 866-705-4617.