“I’ll tell you what the public likes more then anything. It’s the rarest commodity in the world-honesty.” -Merle Haggard
DBA Attendant Care, Supervisory Care, Assistance in Daily Activities
Unfortunately, some severely injured Defense Base Act workers can no longer take care of themselves. Meaning, these injured DBA workers are so severely injured that they need assistance in activities of daily living. The level of care required can vary from having someone helping with their medications to needing attendant care 24 hours, 7 days a week, 365 days a year.
Attendant care is the provision of assistance in activities of daily living for a person with a disability. The assistance required can be either physical, supervisory, or both.
Under the Defense Base Act, you are entitled to have your medical treatment for your injuries paid for by your employer. Which usually means, by your employer’s insurance company.
You should request authorization for medical treatment, before you obtain the medical treatment. The same goes for attendant care. That being said, you can still recover for past attendant care if the employer/ carrier was placed on notice for the need for such attendant care.
In general, the insurance company will challenge your need to attendant care treatment on the grounds that is not reasonable or unrelated to your injury. You have the burden of proof to show reasonableness. However, DBA Judges tend to agree with treatment recommendations by the your treating physician.
You need to also be ready to prove that amount per hour charged for the attendant care is reasonable for your respective community.
The Level of Assistance Can Vary Depending On Individual Needs
Some severely injured Longshore workers, need various assistance to maintain personal cleanliness and in activities of daily living that do not require medical supervision or intervention.
Tasks may include but are not limited to:
Bowel and bladder care
Transfer to and from wheelchair and/or bed
Eating and meal preparation
Routine nail and skin care
Assisting with special appliances and/or prosthetic devices.
Provide assistance by planning, shopping, storing, and cooking food for nutritional meals.
Assist to participate in the community and in activities of daily living (e.g.,church, shopping, etc.)
Maintain skin integrity (i.e., prevention of pressure sores).
Assist with self medication or medication reminders.
Provide assistance to attain or maintain safe and sanitary living conditions.
Something To Take With You
Before you leave this page Her is some advice that I can personally guarantee will help you win your DBA case. No matter what type of injury or how you were injured, you need to be frank and up front about it with yourself, your attorney and your doctors. Do not lie or over exaggerate anything. If you do, you will be in a worse situation then you already are.
The fact is no wants to help out a liar. I, as a lawyer, am no exception. The judge, who will decide if you are awarded benefits or not, is no exception. This is why it is so important that you always tell the truth to the judge and to your attorney. Your credibility in court depends on your honesty.
The steps you take and the way you present your case is very important. Do your research. You can 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 a ton of information that will help benefit you and your DBA Case.
And Check out the 5 Star Amazon Reviews before you. I promise you will not be disappointed.
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You can call us at 619-234-2833