Injured employees should not be asked to go out of their way to see the insurance company doctor.
Injured employees shouldn't be asked to go out of their way to see the insurance company doctor.
Unfortunately, insurers routinely ask employees to do just that by scheduling a Defense Base Act medical examination a long distance from the employee’s home.
By law, the employee must attend a special medical examination in a place designated by the employer. The law does provide that the place of examination be a “reasonable” distance for the employee to travel, but the definition of “reasonable” can vary widely.
Factors That Can Affect Traveling to a Defense Medical Exam
Employers and insurers know that making a long trek to a medical exam will be difficult for the employee, and often use this to their advantage. If the employee does not attend the exam, he will be barred from receiving benefits, saving the company money. If the employee is able to make the trip outside his geographic area to the doctor’s office, the insurance company can argue that the employee’s injuries must not have been that bad.
There may be a way to avoid traveling long distances to your DBA examination. It is important to consider the following before accepting an examination date:
Method of Travel:
You cannot be asked to travel long distances if doing so would aggravate your injury. If your condition prevents you from traveling in a plane or driving for long periods, the judge in your case may instruct the insurer to choose a location closer to your home.
The insurance company is responsible for paying the costs of your examination, as well as the costs of travel to and from the appointment. Sometimes this is paid in advance, but it can also be reimbursed if the employee fronts the cost. If an employee is under significant financial hardship and the insurance company will not pay travel expenses up front, the employee may be able to appeal to a judge for a closer appointment.
Hiring an attorney:
If there is not a sufficiently good reason for you to travel to the doctor that the insurer has chosen, your attorney can fight to get the appointment rescheduled for you. Your lawyer can also attend the appointment with you to make sure your rights are respected.
It is vital that claimants have as much information as possible in order to win compensation for their injuries. Click here to read through our free book on DBA claims, Win Your Defense Base Act Case.
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Check out all of the 5 Star Reviews on amazon.com
5.0 out of 5 stars
Turley's book is clearly written and an easy read. Highly recommended for anyone covered under DBA ...
February 20, 2017
I suggest buying a copy of the book immediately and reading it if you are covered under DBA and are either deployed or facing an upcoming deployment. It is better to be armed with information regarding DBA coverage and claims process prior to being injured.
5.0 out of 5 stars
Great book!!! Lots of information to help with your DBA case!
May 9, 2017
I got this book a week ago and have read through it. It has tons of great information that you would not normally know about regarding your DBA injury or how to deal with your insurance adjuster. It helps you navigate some law and breaks it down "barney style" so contractors can understand how to navigate through all your medical and legal processes. I would recommend this book for any contractor working for the USG overseas.
5.0 out of 5 stars
July 27, 2015
Without Turley Law Firm, I wouldn't have known which direction to go with my my case and have no way of understanding how to work my way through the battlefield of insurance companies and procedures. My advice is to read this book and gain some knowledge so that you are better prepared for the fight ahead. Be patient and have a good line of communication with whomever you choose to help you with your case.
5.0 out of 5 stars
This book is awesome, he tells you about the whole process
December 11, 2015
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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, or your particular case/ situation. Every case is different. There are any number of reasons why DBA cases are not won and/or are not as successful folks might have hoped for.
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 DBA case. Every case is different.