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Civilian Contractors in Kuwait and the Defense Base Act

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Kuwait Defense Base Act injuries claims - Bill Turley

“I give you an insider’s view of the DBA. I don’t sugar coat it for you. I give it to you straight. No lawyer talk, no double talk.

Just good old fashioned, unsweetened truth.”

Defense Base Act Lawyer - Bill Turley

Strength vs. Weakness 

You need to be prepared to take your case to court in order to win and obtain the benefits that you and your family are entitled to under the Defense Base Act. You need to be able to negotiate from a position of strength so that you will have the advantage. It's all about preparing to win.  In others words, strength vs. weakness. 

 You have to tell the truth 

Defense Base Act cases are court cases. They are decided by a Judge. The most important factor that will determine whether you win or lose your DBA case is your credibility. In other words, does the Judge believe you or not. Nothing is more important than your credibility. You have to tell the truth about everything. 

Here is what this article is about

This article is about Kuwait Defense Base Act claims. At the end of this article I provide Case Studies of overseas civilian contractors that are injured in Kuwait. These Case Studies provide illustrate important Defense Base Act principles. Here the topics covered in this article: 

Kuwait - An Overview
 
Civilian Contractors Injured in Kuwait 
 
Your Kuwait Defense Base Act Case
 
What you should know about your DBA case
 
It’s how they roll
 
it's all about your credibility
 
Win Your Defense Base Act Case

Overseas civilian contractor employers in Kuwait

DBA insurance companies in Kuwait
 
Kuwait and the Defense Base Act - Case Studies for overseas civilian contractors injured in Kuwait
 
It's time to lawyer-up

Top 10 DBA Questions

 

Civilian Contractors in Kuwait and the Defense Base Act

Kuwait - An Overview

Kuwait is a middle east country that is bordered in the northwest by Iraq, in the south by Saudi Arabia, and in the east by the Persian Gulf. There has been a strong US military presence in the country going back to the early 1990s.  At that time, the United States led coalition forces into Kuwait to end the Iraqi occupation during the first Gulf War.

Since the occurrence of the Gulf War where Iraq tried to create an annex into Kuwait, the country has seen more than its fair share of military aggression.  Prospective reasons Kuwait was so sought after was the fact that it is so rich in oil and provides the military a strategic location. As a result, US military operations have been ongoing, resulting in both military and civilian injuries and casualties over the years in Kuwait and its surrounding countries.

 

Civilian Contractors Injured in Kuwait

Civilian contractors work alongside with military personnel in the multiple bases around Kuwait. These overseas civilian contractors in Kuwait play a crucial role in providing government support and logistics including but not limited to maintenance & repairs, laundering, food service, security, and so forth. Currently, the United States has five operating military bases in Kuwait.

  • Ali Al Salem Air Base
  • Ahmad al-Jaber Air Base
  • Camp Arifjan
  • Camp Buehring (formerly Camp Udairi)
  • Camp Patriot (shared with Kuwait Naval Base)

Each base has a significant amount of government civilian contractors who can and often do get injured while overseas.  Even if you are injured during recreational activities and/or while off the base – your injuries will still usually be covered by the Defense Base Act.  

Your Kuwait Defense Base Act Case

If you were injured while working under a DOD contract while deployed as a civilian contractor in Kuwait, you are entitled to benefits under the Defense Base Act. In order to receive benefits under the Defense Base Act, you must bring on a Defense Base Act case.

What you should know about your DBA case

I am known for being up front and honest. This is how I’d want advice from a lawyer if I was in your shoes, but that’s just me. I figure you’d want the same, so I will refrain from the common “sugar coating” and get straight to the point. 

You are up against the Defense Base Act Insurance Company – always keep that in mind. The representatives from these companies may seem like they’re on your side, but trust me when I say they are quite the opposite. The DBA insurance adjuster is not your friend.

Fact is, DBA insurance companies make profits all the time by denying legitimate DBA claims – claims like yours. Do not assume that you will be getting your wage loss compensation right away. Believe it or not, even the most obvious types of work injuries get delayed and even denied by the DBA insurance adjusters – happens every day.

It’s how they roll

One of the key and important parts of my book - Win Your Defense Base Act Case - is helping you to navigate the minefield that the DBA insurance company is going to lay out to destroy your case.

What you probably don't know is that the DBA insurance company has tricks and traps that folks just like fall for every day.  You might be thinking, "I have a legitimate case, I'm telling the truth, I'm good." However, that isn't the case. Not even close.

Using these tricks and traps is how the DBA insurance companies get out of paying money to folks with legitimate claims. It’s how they roll.

My book Win Your Defense Base Act Case is designed to help you avoid these case killing mistakes.

 

It's all about your credibility

Your Credibility is of utmost importance – I say this all the time, and you’ll see it appear multiple times throughout my website and in my book.  This is because your credibility can be the single factor that will either help you win or will cause you to lose in court. If the Judge does not believe you, then you will lose.

DBA Insurance companies will use every trick in their book to trap you in order to get you to lie and ultimately blow your credibility.

Win Your Defense Base Act Case

Win Your Defense Base Act Case

This is one of the main reasons why I wrote the book, Win Your Defense Base Act Case.  I want to help contractors and their families - folks just like you - avoid the common mistakes that could hurt to your case.

If you do one single thing for yourself and for your DBA case today, let it be obtaining a free copy of my 5-star rated book. You can get your free copy right now.

 

Reading my book will be the best thing that you can do for your DBA case.  And if you don’t believe me, I get it. I suggest that you check out the 5 Star reviews on Amazon.com and see for yourself how the book has helped many.

 

Overseas civilian contractor employers in Kuwait

Here are some of the overseas civilian contracting companies that we have seen that have been in Kuwait: 

Honeywell Technology Solutions
Mantech International
Dyncorp
Dav-Force
IAP
Vectrus Systems Corporation
Exelis Inc.
General Dynamics
Service Employers International . Inc. - SEII
IAP Worldwide Services
AECOM


DBA insurance companies in Kuwait

Here are some of the Defense Base Act insurance companies that we have seen that have provided DBA insurance to overseas contractors in Kuwait: 

Zurich
Allied World National Assurance Co. , AWAC,
Broadspire
Insurance Company of the State of Pennsylvania
AIG
CNA
Starr Indemnity
ACE
Gallagher Bassett
Liberty Mutual

 

Kuwait and the Defense Base Act - Case Studies for overseas civilian contractors injured in Kuwait 


Case study: Truck driver - Kuwait - arm injury
 
Claimant was a truck driver and suffered injuries to his arm and shoulder when his hand slipped off a wrench. Shoulder injuries are unscheduled injuries under the DBA. Meaning, disability is a wage loss concept. After proving you are unable to return to your usual and customary work overseas, you are presumed to be permanently and totally disabled.
 
The DBA insurance company then has to show proof of specific jobs you can perform.
 
This is done with a Labor Market Survey.
 
The battle in this case was two-fold. First, the DBA insurance company hired a doctor to say that Claimant was faking his injury and could work if he wanted to. This is fairly routine. And, the DBA insurance company contended that there are a lot of jobs that Claimant can perform, making close to what he was making overseas. 
 
Claimant took his case to trial (read: Hearing) and was awarded benefits. The Judge believed the Claimant’s doctor and Claimant.  
 
Case Study - automobile accident - severe head and spinal injuries
 
A tech worker in Kuwait sustained catastrophic injuries in an automobile accident. In spite of the obviousness of the injury and the fact that the worker could not work - the DBA insurance carrier refused to provide temporary total weekly disability benefits. This case is illustrative of DBA insurance carriers denying legitimate DBA claims.
 
Following an emergency telephonic informal conference, the DBA carrier final started to provide weekly disability benefits. This was a year after the injury incident. Which also demonstrates why you should hire an attorney as soon as possible.
 
The Defense Base Act insurance carrier was still refusing to provide badly needed home attendant care. The case went to hearing (trial) and the Judge Ordered the DBA insurance carrier to provide home attendant care and reimburse the worker’s wife for the previous attendant care that she was forced to provide.
 
Case Study - Equipment mechanic - injury to lower extremity - injuries with two different overseas employers
 
Claimant suffered an injury to his leg (called a “lower extremity” under the DBA). He worked for two different contractors in Kuwait. He had an initial leg injury and then aggravated it while working for the second contractor. Thus, the question is - who should pay for the benefits to claimant? This is called the “last responsible employer” rule.
 
In situations like this, the employers (meaning their DBA insurance companies) - point to each other and say the other insurance carrier must pay for the injury/ weekly disability benefits and medical treatment.
 
The case has not been resolved. The parties are waiting for a Hearing (read: trial) to be scheduled. 
 
Case study - Rigger - hand injury
 
A rigger injured his hand while working in Kuwait. Hand injuries under the DBA are called “scheduled injuries.”  The big argument in this case was average weekly wage.
 
The worker had overseas for a few months. Thus, the DBA insurance carrier argued that the average weekly wage was based upon a few months of earnings. However, the employee had a one year contract.
 
The case was settled.
 

Case study - injured running on a treadmill

A base support worker was running on a treadmill and fell off and injured his back. His claim was initially denied because the worker was not “working” when he was injured.
 
The worker retained counsel and the Zone of Special Danger rule was raised to the DBA insurance carrier. Then the DBA insurance sent claimant to a doctor that concluded that claimant was injured when he fell off the treadmill. The DBA insurance carrier started providing benefits. A few months later, the DBA insurance carrier sent the worker to another doctor that disputed that the worker was injured when he fell off the treadmill and said that either way, the claimant was fine now and could return back to work.
 
The case settled before trial.
 

A Case Study – Security Guard gets injured in a bus accident in Kuwait on his way to work

A contractor who was a security guard sustained an injury to his right knee and lower back when the bus he was in got into an accident in Kuwait City, Kuwait. He was on his way to work at the time of the incident. 

When the claim was accepted, he was compensated under the Defense Base Act for about a year while getting conservative treatment for both of his injuries. The Claimant reached Maximum Medical Improvement (MMI) and did not have any work restrictions after recovery. He was able to return to work overseas with another contracting company and he was able to get him a lump sum settlement for his injuries.

 
Case study - back injury - returns to U.S. - aggravates back injury while working in the U.S. - DBA carrier denies claim based on “new injury”
 
Claimant injured his back in Kuwait and has back surgery. He received medical benefits and weekly compensation benefits. But he was unable to return to work overseas.
 
The claimant returned to work in the U.S. and had an episode of back pain while working. The DBA insurance carrier denied the claim and contended that the “new injury” was a supervening cause that would allow the DBA carrier to deny the claim.
 
The case went to Hearing the the court ruled that the injured did not qualify as a “worsening” that would give rise to a supervening cause.  The Judge Ordered the DBA carrier to provide benefits to claimant.
 

Case Study – Quality Control Inspector injured back while on a contract in Kuwait

 A U.S. citizen working as a Quality Control Inspector in Camp Arifjan, Kuwait was seriously injured on the job. He was sitting in an office talking to a fellow coworker when the chair he was on broke from beneath him. Claimant suffered a serious back injury as a result and brought on a claim under the Defense Base Act.

The claim was determined compensable and after undergoing numerous surgical procedures he was unable to return to his customary overseas employment. He was awarded a lump sum settlement for compensation and future medical treatment.

 
Case study - truck accident
 
Claimant was a truck driver in Kuwait and the truck he was riding in left the road and rolled over. He had back injuries. The DBA carrier initially provided benefits. Then the DBA insurance company sent claimant to a defense medical examiner (DME). Meaning, an insurance company doctor that said he was fine and able to return to work. Claimant hired counsel and he was able to settle his claim.

 

It's time to lawyer-up

Whether or not you hire our firm or another DBA law firm, you want to be sure to hire an honest lawyer and the best lawyer you can find. The early you retain a lawyer, the sooner that you will be preparing your case for trial or the day that your benefits are stopped.  I suggest that you get my book - Win Your Defense Base Act Case BEFORE you hire a lawyer, talk to the DBS insurance company adjuster, sign any forms, give a recorded or written statement or even talk to your doctor. Seriously.

There are dozens of 5 Star reviews of the book on amazon.com that are going to tell you the same thing. 

 

Top 10 DBA Questions

Don't miss this article on the Top 10 DBA questions. 

 

Need help right now?

Call us at 619-304-1000  - If you call after regular business hours, when you leave a message, be sure to repeat your name and telephone number twice, so we get it correctly. And be sure to indicate whether it's okay if we respond by text.
 
Text us at 858-281-8008 - Be sure and put "new DBA case" in your text.
 
Or leave us a message on this webpage.
 
 
 
 
This article isn't legal advice
 
These discussions and/or examples are not legal advice. All legal situations are different. These testimonials, endorsements, photos and/or discussions do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation. Every case is different. There are any number of reasons why Defense Base Act cases are not won and/or are not as successful as one might hope.
 
Just because we have gotten great results in so many other Defense Base Act cases, doesn't guarantee in particular result in other cases. Including, your case. Every case is different. In other words, your mileage may vary.
 
Case Studies 
 
The case studies here are for illustrative purposes only. Any resemblance to actual cases is purely coincidental. That being said, we have handled hundreds and hundreds - if not thousands  - of DBA cases over the years and these case studies are taken from those experiences, situations and/or analysis.
 
 
William Turley
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“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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