“I’ll tell you what the public likes more then anything. It’s the rarest commodity in the world-honesty.” -Merle Haggard
When handling your DBA case, nothing matters more than the honest truth. Nothing. You must be straightforward and honest about your case. I have seen many instances where a client will sugarcoat 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.
The Next Step
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. Trust me. My only goal here is to make sure honest hard working folks like you, do not get ripped off by these companies.
Also you can check out my podcast at DBAradio.com where i cover important DBA issues.
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Call us today at (619) 234-2833 or you can fill out the contact form on this web page.
Insurance Companies “Dig Deep” to Find Evidence That Makes it Difficult for Contractors to Collect Benefits Under the Defense Base Act
Although not every claim for benefits under the Defense Base Act (DBA) may at first seem complicated, many claims are made difficult by insurance companies that are willing to “dig deep” for excuses to deny or underpay DBA claims. And, sometimes, DBA insurance companies more than are willing to take advantage of civilian contractor employees who aren’t aware that the insurance company is more than willing to do what it takes to keep you from getting the DBA benefits you deserve. In other words they are more than willing to take advantage of your mistakes and problems and/or issues in your past.
As you begin to recover from your injuries and start looking at how to claim the medical benefits and compensation you are due, realize that the insurance company is already scrutinizing:
- In country medical reports. The DBA insurance company has access to any in-country or in-theater medical reports. If they are helpful to them or they contradict what you are now saying - they will use them as a sword. If they are helpful to you - some adjusters and some attorneys will hold them and only produce or disclose them if you have a subpoena or a court order. This is why you need to get a copy of all of these medical reports while you are still overseas, if possible. If you can't get a copy, simple take photographs of them with a cell phone. Get photos of all pages. A little self help goes along way.
- Incident reports. It is the same with incident reports. You need to get a copy or take photos of them, if possible. These go along way to proving that you were injured overseas.
- Your employee history. It isn’t unusual for the DBA insurance company to attempt to pry into your work history or employment records in hopes of finding information to use against you when adjusting your claim for benefits.
- Your medical history. It is the same with prior medical reports. Before you sign a release for your medical records, realize that giving the insurance company access to your full medical record may not be necessary to resolve your claim. Unfortunately, many employees who work overseas for defense contractors don’t understand their rights after an injury or how much information the insurance company really needs. Do NOT sign any medical or employment releases. The adjuster is only looking for reasons to deny your claim.
- Any written and recorded statements you’ve made. Before you offer a written or recorded statement to the insurance adjuster, it’s important that you speak with an experienced DBA attorney. In many cases, these statements are not necessary, but the insurance company will use it against you to deny or underpay the benefits you are entitled to. Do not give any written or recorded statements.
- Sub-rosa Videos. DBA insurance companies send out private investigators to follow and video you. It happens all the time. If you are caught on video doing things that are inconsistent with the limitations placed on you by the doctors, your case is in serious trouble.
- Not hiring the right lawyer. An attorney who has experience helping clients with DBA claims understands how to protect vulnerable contractors from insurance-industry tricks, and insurance companies are less likely to attempt to “bend the rules” if the contractor is working with an experienced legal guide. And if they do "bend the rules" they will be ready for it.
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