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The Turley & Mara Law Firm, APLC

PTSD Can Be Treated as an Occupational Disease Under the DBA.

 

Contractors who have worked in war zones are often hesitant to pursue Defense Base Act benefits for post-traumatic stress disorder (PTSD).

But I take a different approach. I like to give PTSD a new name: Post Traumatic Stress Injury (PTSI). 

'Cause let'ss be honest you have been injured. This injury has impacted your life now that you're home, made it challenging for you to find work, be around your friends and family and has severely diminished your health. You have been injured overseas.

However, it can be hard to prove that your overseas work environment has caused this injury. Folks can be afraid to admit just how much they are suffering emotionally. But, recently psychological injuries can be treated as occupational diseases in Defense Base Act cases. This trend makes it easier to get the medical and financial compensation you need and make the DBA insurance companies more eager to accept these kinds of claims.

PTSI as an Occupational Disease 

An Occupational Disease: Most courts agree that it is a condition that is caused by exposure to present, harmful, work conditions that are uncommon in most work environments. 

This can benefit you in these three ways:

  • More time to file. If a claimant suffers a sudden accident that results in immediate injury, he or she has one year to file a DBA claim. On the other hand, an occupational disease has a two-year limitation period, extending the statute of limitations in PTSD claims.

 

  • Better filing start time. In occupational disease claims, the clock doesn't begin until the date that the employee became aware of the relationship between the injury and his or her employment.

 

  • Avoiding the stigma. Many contractors are reluctant to admit to symptoms of psychological injury or illness, seeing it as something they should be able to “cope with” or “forget about” on their own. By treating the illness as something that naturally occurred from a work hazard—such as lung cancer from coal dust or carpal tunnel syndrome from typing—contractors may see that there is nothing wrong with getting treatment for their PTSI just like they would for any other injury.

 

If you want to learn more about how PTSD is really a PTSI and entitles you to DBA benefits then pick up a FREE copy of my highly reviewed book, Win Your Defense Base Act Case.

This guide will walk you through what you need to do and what you need to avoid to get the medical treatment and financial benefits that you deserve.

William Turley
“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”

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