“We give you an insiders view of Defense Base Act Law. We don’t sugar coat it for you. Here, we give it to you straight. No lawyer talk, no double talk. Just good old fashioned, unsweetened truth.” -Defense Base Act Attorney Bill Turley
When handling your DBA case, nothing matters more then the honest truth. Nothing. You must be straight forward and honest about your case. I have seen many instances where a client will sugar coat their injury and the courts throw out the case. Why? All because they were not honest from the get go.
The DBA insurance company is not on your side. They have traps laying around for you to fall in. And bet on it, if you do not follow the proper steps with your DBA case, you will fall right in.
Remember the DBA insurance company is not your friend. I strongly suggest you order a free copy of my book, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To The Medical Treatment and Money You and Your Family Deserve. You don’t have to believe what I say about it - the book has dozens of 5 Star reviews on Amazon.com. It is a guide to only help you succeed in your case.
Trust me. My only goal here is to make sure honest hard working folks like you, do not get ripped off by these companies.
Win Your Defense Base Act Case is the best investment you are going to make. You can order it free here on this website or you can pay for it by ordering it from Amazon.com.
Also you can check out my podcast at DBAradio.com where i cover important DBA issues.
Defense Base Act Claims: You Need to Know What You Might Be up Against
Seriously injured workers under the Defense Base Act (a civilian injured while working for a military contractor while abroad) can expect significant delays in receiving your benefits under the Defense Base Act. While this is certainly not the case with all DBA claimants, it is true with many. You need to know what you might be up against.
You Have A Court Battle On Your Hands
In some instances, the only persuasion the DBA insurance company will understand is the inside of a federal courtroom. When this happens, you need a lawyer that can take on and beat the DBA insurance company and their lawyers. These lawyers will rip out your heart. They do it every day. We see it. Too often seriously injured DBA workers simply wait too late to call us. You don’t want that to happen to you and your family. Don’t wait until there is a disaster.
Instead, you need a seasoned DBA lawyer. It’s a war. Our strong advice is for you to hire the best DBA lawyer that will take your case.
A Local Lawyer vs. a Seasoned Defense Base Act Lawyer
You are cautioned not to hire a “local lawyer” just because they are physically close to where you live. You need a lawyer that can take on and beat the Defense Base Act insurance company lawyers. Know this, Chartis, CNA, ACE and the like hire lawyers that know DBA law inside and out. You should depend on it. We sure do.
Having the Right DBA Lawyer Can Make All the Difference
Having the right DBA lawyer will usually mean whether you win or lose your DBA case.. We stand up to the Defense Base Act insurance company that is trying to keep you from getting needed medical treatment and weekly compensation benefits.
Trusted, Timely Counsel for You
The Turley Law Firm lawyers can help you locate the best medical providers for your injuries. They stand up to the DBA insurance company that is trying to keep you from getting needed medical treatment and weekly compensation benefits. They make sure you follow the complex Defense Base Act procedures and make sure you are timely with all case deadlines. They can help get your case resolved if you need to go on with your life.
Helping You Make The Tough Decisions
The Defense Base Act lawyers at The Turley Law Firm understand how devastating a serious DBA injury can be. You are immediately thrust into a situation you didn’t ask for and certainly didn’t expect. Your life has been disrupted. It can be very stressful. The decisions you make regarding your serious work injury case may affect you for the rest of your life. Where to turn to? What to do?
The work injury lawyers at The Turley Law firm have been helping workers just like you since the 1980's. Bill Turley has been teaching other lawyers how to handle work injury cases since the 1990's. Bill is regularly published in prestigious legal publications and he lectures / teaches other lawyers about DBA law. He has been teaching other lawyers because he knows how to help seriously injured Defense Base Act workers and their families survive and successfully win their work injury cases.
Need help right now?
You can call us at 619-234-2833 or you can fill out the contact form on this web page.
We prefer you consider what other people think about us:
Awarded Super Lawyer 2011-2017
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
How can you take a client in Maine when you are not an Maine lawyer?
The Defense Base Act is federal law. The Defense Base Act is a type of federal workers compensation program. Technically, you don’t need a lawyer to handle your DBA case. Your brother in law can represent you. And he will probably do a similar job as the local Maine lawyer you hire will do.
Here is the best advice you are going to get. You are much better off hiring an out of state DBA attorney than a local attorney that isn’t experienced with either the Longshore Act or Defense Base Act or both.
So if you don’t call us - be sure to call an experienced DBA attorney.
We are located in San Diego, California. San Diego has a big military presence and a lot of Longshore and Harbor Workers.
Remember, the Defense Base Act is part of the Longshore Act. That’s why maritime lawyers are the most experienced DBA attorneys. The DBA is considered part of maritime law.
Lack of experience
Lack of experience can lead to serious mistakes being made. There really is no substitute for experience. The mistakes that are most often made by inexperienced law firms relate to missing important time limits, or missing out large potential elements of your or your loved one's case. This results in the settlement or award, which provides the foundation to help rebuild lives, being a fraction of its true worth.
You Need To Take Action
Your employer/ carrier is obligated to provide you reasonable medical treatment and temporary total disability benefits under the Defense Base Act. Too often the carrier will arbitrarily refuse to pay or stop paying for medical treatment and will stop your workers' compensation checks. The insurance carrier will controvert your DBA claim.
Doing nothing is not the best option. If your Defense Base Act medical benefits or workers compensation - TTD checks - are denied or the insurance carrier refuses to pay for your medical treatment or TTD you need to take action. Now. See this website. for free information on the DBA. This is the most comprehensive DBA website.
In our website you can find dozens of articles that will help you understand your DBA case, sample articles such as this one:
Defense Base Act Payment Provisions That Are Specific to Aliens and Non-U.S. Residents
There are two provisions of the DBA that are specific to non-U.S. residents.
First, cases involving aliens and non-U.S. residents can be resolved by commuting benefits paid for permanent disability and death. In such cases, a one-time lump sum payment may be issued by the employer/carrier representing half of the present value of future compensation as determined by the OWCP District Director. Medical benefits may not be commuted, however.
Second, DBA Death benefits may be paid only to the surviving spouse or child or children, or if no surviving spouse or child or children, to dependent parents.
Wages Under the Defense Base Act
Wages are used under the DBA (ie., Defense Base Act) in order to determine an employee's average weekly wage and compensation rate. Simply stated, the higher a workers average weekly wage under the Defense Base Act; the higher their compensation rate will be. With a higher compensation rate, the injured worker will receive more money for their DBA case. Thus, one of the primary goals of an injured worker (i.e., "Claimant") in a Defense Base Act case is proving the highest average weekly wage they can. This is done with wage evidence.
What are and are not "wages" is often the subject of intense dispute in a Defense Base Act and/or Defense Base Act case. Including or not including any particular item in an injured workers wages under the DBA may result in ten of thousands, if not hundreds of thousands of dollars in benefits. It can be a really, really big deal to a seriously injured worker and their family.
Under the DBA a "wage" is a money rate received as compensation from an employer, for services rendered by the employee. The money paid to an employee must be traceable to an employer.
Included in wages are gratuities received in the course of employment from others than the employer. In other words, tips or payments from others.
The following have been included as wages: overseas additives or overseas allowances, including foreign housing allowance and cost of living adjustment, completion awards, vacation or holiday pay (calculated the year it is received rather than the year it is earned). However, a claimant is not entitled to have both per diem and the value of room and board included in his wage calculation.
DBA law is created by the Benefits Review Board and the various Circuit Court of Appeals. The Ninth Circuit, for example (California, Arizona, Nevada, Oregon, Washington, Hawaii, and Alaska, Idaho, Guam, and Montana) does not allow per diem payments to be used to calculate earnings, except in limited circumstances.
Also included are: the pay for overtime hours (when the hours are a regular and normal part of claimant's employment), container royalty payments (compensation paid by shipping companies in lieu of work lost by longshoremen due to containerization), guaranteed annual income payments (guaranteed payment of up to a guaranteed number of hours of work each year, i.e., an individual only works 1500 hours because of the bad economy, but is guaranteed 2000 hours and accordingly receives pay for 2000 hours of work), earnings from a second part-time job, and payment in kind (automobile parts), rather than in cash.
If you can't find the answers you are looking for we encourage you to call us today. We have experienced DBA lawyers that are ready to take your call and answer any of your questions.
7428 Trade St.
San Diego, CA 92121
1300 Clay Street, Suite 600
Oakland, CA 94612
San Francisco Office
275 Battery St. Suite 1300
San Francisco, California, 94111
Los Angeles Office
3255 Wilshire Blvd, Suite 1801
Los Angeles, California 90010