“When I seek out professional advice, I want advice straight-up. With no B.S. If you do also, you’re in the right place.”
Defense Base Act Lawyer Bill Turley
Defense Base Act Summary by Employer and a BIG "credibility gap"
If you have followed this website over the years or read my book - Win Your Defense Base Act Case, you know I'm not shy about telling it like it is. So I hear I go again....
Each year the U.S. Department of Labor issues a Defense Base Act Summary by Employer. It provides OWCP Defense Base Act Case Summary Reports. The Summary is called a “general information” regarding overseas civilian contractor injuries and deaths reported by employers. All of these injuries and deaths fall under the Defense Base Act.
In years past I have criticized the Summaries as being under-reported regarding the number of injuries per employer. And I thought that they, perhaps, even under-reported regarding deaths of foreign nationals. Although they are probably fairly accurate in regards to overseas civilian contractors of U.S. citizenship.
I believe there is a big “credibility” gap. Meaning, that most contractors under-report injuries. For example, if an injury is being Controverted (read: disputed); the injury may not be reported because the employer/ carrier is disputing that an injury occurred at all.
Further, if the injury is PTSD, then oftentimes the claim for an injury is made after the civilian contractor returns home.
Therefore I view these annual Summaries as minimums. Meaning, they are accurate as far as the ones reported, but there are many injuries that go unreported and therefore are not listed on the Case Summary by Employer.
Putting all of that aside, Constellis Group and Triple Canopy show many injuries over the years under the various company names that they have operated under.
For last year, Constellis Group / Triple Canopy Inc. is on the 2018 Case Summary by Employer as having the sixth most injuries of any contractor.
From 2011 to 2018, Triple Canopy is on the 2018 Case Summary by Employer as having the fourth most injuries of any contractor: 4,146 injuries. Based upon the large number of clients that I have had over the years that worked for Triple Canopy, it stands to reason that Triple Canopy has had a lot of DBA injuries over the years.
From 2011 to 2018, Constellis Group /Triple Canopy Inc. is on the 2018 Case Summary by Employer as having 497 injuries.
From 2011 to 2018, Constellis Group Inc. is on the 2018 Case Summary by Employer as having 430 contractor injuries.
When you add up all three of these listings - Constellis Group / Triple Canopy Inc. totals 5,073 contractor injuries. As you can see, even assuming that these injuries are largely under-reported, quite a few of their civilian contractors have been injured while working for them.
Constellis Group / Triple Canopy Inc.
According to Constellis' website they have a:
"Global Footprint....With past and current operations across six continents, Constellis supports client interests in a broad range of industries, market sectors and geographies. Our global partner network, vast resource capability and intimate knowledge of the communities, cultures and economies in which we serve enables us to deliver tailored, innovative and cost-effective solutions at a local level. Today, Constellis operates in more than 40 countries across the Americas, Africa, Asia, Europe and the Middle East. Our corporate headquarters and U.S. government division is located in Reston, Va.”
Constellis website also states:
“Constellis is a trusted and experienced provider of security services in high-risk environments, remote areas and emerging markets in support of land-based, aviation, maritime and cyber operations. We deliver quality-driven, professional services to safeguard personnel, infrastructure and other valuable assets and investments.”
In addition, the Constellis website says they provide:
Risk Management and Crisis Response
Logistics and Support Services
According to their website, Constellis Group / Triple Canopy Inc. has operations in the following locations: London, Hassi Messaoud, Baghdad, Basra, Kuwait, Lagos, Najaf, Dubai USE, Abu Dhabi, Riyadh, Nairobi, Dar es Salaam, and Maputo,
Constellis Group / Triple Canopy Inc. & Defense Base Act injuries and deaths
We have been representing seriously injured overseas civilian contractors that work for Constellis Group and/or Triple Canopy Inc. for years it seems. What we can tell you is that the folks that work for Constellis Group and/or Triple Canopy Inc. are good people. They get seriously injured while working overseas.
They have gone from working in-theater - mostly security jobs as far as our clients are concerned - to having a Defense Base Act case. Two DBA insurance carriers that come to mind with Constellis Group / Triple Canopy Inc. are Broadspire and Gallagher Bassett, depending on your date of injury.
If you are a current or former employee of Constellis Group / Triple Canopy Inc. and you have had a serious injury (and you worked overseas); then you now have a Defense Base Act case. You might want to listen up.
Always tell the truth
The first thing I always tell seriously injured overseas civilian contractors is that when you bring a Defense Base Act (DBA) case, you always have to tell the truth. You see, the DBA insurance carrier is hoping that they will be able to catch you in a lie (actually as many lies as possible); so they can use it to attack your credibility and character. Attacking you is the number one way that they are successful in defeating DBA claims.
I suggest that you don’t think that, “I’m good, I’m telling the truth, I have nothing to worry about.”
Don’t get caught up thinking this. Because the insurance company will lay traps and tricks for you and even if you’re trying to tell the truth, you’ll end up falling for them and wrecking your case. Well meaning, honest folks just like you go down in flames with their DBA case every day.
Avoiding the DBA insurance company tricks and traps
I strongly suggest that you read my book - Win Your Defense Base Act Case before you talk to the DBA insurance adjuster, sign any documents, give a recorded statement or even hire the wrong lawyer. My book covers all of these topics in depth. And most importantly, it will help you avoid all of the DBA insurance company tricks and traps that folks like you fall for every day that will tank your case.
What you are going to see is that the book Win Your Defense Base Act Case is packed with insider information that will help you win your case. The big picture here is that now that you are injured you have a court case. You can depend on the DBA insurance company attacking you, your character and credibility. It's how they roll. They will do all of that in order to keep from paying you the money benefits that you are entitled to under the law.
Where to start?
Free Choice Physician under the Defense Base Act
Under the DBA, you have what is called a "Free Choice of Physician." Meaning, you get to choose your doctor. I suggest that you use your choice very wisely. You want a doctor that is a patient advocate - not a doctor that will favor the insurance company, because they are paying his bills.
Under some circumstances you may (that is a "may"), be able to change doctors.
How much should I pay for an attorney for my Defense Base Act case?
The short answer: You shouldn't ever pay an attorney to represent you on a Defense Base Act case.
Can I bring a PTSD claim under the Defense Base Act if I haven't worked overseas as a civilian contractor for many years?
The short answer is YES! You may still be able to bring a Post Traumatic Stress Disorder claim under the Defense Base Act years after you last worked overseas. But you have to know the rules on this.
I answer this question and many more in this great article on PTSD and being an overseas civilian contractor that is covered by the Defense Base Act.
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. Just because we have had great results in so many other DBA cases, doesn't guarantee any particular result in your Defense Base Act case.
Thanks, Bill Turley