You have to know the rules
If you are going to be successful in any game, you first need to understand the rules. This is as true for the game of Monopoly, Chess and football. It's also true with Defense Base Act court cases. Yes, a Defense Base Act case is a court case. At the end of the day, if you can't get your case settled, then you are going to have to take your case to court, and hopefully, win.
The first step in understanding the rules is first understanding the terminology. In this article I discuss "Nature and Extent of Disability." After reading this article, I'll bet you know more about what these terms mean than 90% of the lawyers on the Internet that call themselves "Defense Base Act Lawyers."
"Nature" Deals With the Duration of Time; "Extent" Deals With the Degree of Injury
There are four different categories of disabilities that are covered under the Defense Base Act (DBA): permanent total disability, temporary total disability, permanent partial disability, and temporary partial disability. Each of these classifications carries two important pieces of information: how long you are expected to be disabled, and the extent of your injury.
“I give you an insider’s view of Defense Base Act Law, with no sugar coating. No lawyer talk, no double talk. Ever."
Defense Base Act Lawyer - Bill Turley
Difference Between the “Nature of Disability” and “Extent of Disability”
The nature of your disability covers the duration of time that you are expected to be disabled (the temporary or permanent classification).
The extent of your disability, however, is slightly more complicated. The extent of your disability concerns the degree of the injury (total or partial), but also the degree to which you are able to successfully function.
Generally speaking, the extent of your disability is the difference between what you earned as a DBA worker (read: your average weekly wage) and your post-injury earnings. This is because disability under the Defense Base Act for unscheduled injuries is based upon a wage loss concept.
Your compensation will also depend on whether you have suffered a scheduled or unscheduled injury under Defense Base Act law. Scheduled injuries may involve the leg, arm, hand, foot, or hearing loss. If you have injured one of these body parts, your disability award is based upon a schedule.
If you have injured another body part, your injury is considered unscheduled. Common unscheduled injuries include the back, neck, spine, shoulder, head, or internal organs. Psychiatric trauma is also considered to be an unscheduled injury. Unscheduled injuries are based upon a wage loss concept rather than a set schedule for compensation and will depend on whether or not you are able to return to your usual and customary DBA employment.
It's a wage loss concept for unscheduled injuries under the Defense Base Act
There are two types of injuries under the Defense Base Act. Scheduled injuries and unscheduled injuries.
Scheduled injuries are injuries to the following parts of your body: fingers, hands, arms, toes, feet, legs and hearing loss. Unscheduled injuries are to any other parts of your body. Such as your head, neck, back, shoulders, internal injuries, PTSD, emotional, etc.
For unscheduled injuries your permanent disability is a wage loss concept. Meaning, your permanent disability is based upon your loss of wage earning capacity.
Thinking - "I have a legitimate case, I'm telling the truth, I'm good" ,,, is a common mistake that can tank your DBA case
One of the key things that you need to know is all the tricks and traps the insurance company is going to try and lay out for you in order to destroy your credibility.
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 they 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.
The big picture
If you're reading this, then my guess is that you have a Defense Base Act case. And it's my guess that you trying to figure out more about the Defense Base Act and your case. I know that I often will go on the Internet and try to get answers to questions I have on stuff that I am trying to research. I figure you do also.
I strongly suggest that you check out my book, Win Your Defense Base Act Case. There really is nothing like it out there.
I suggest that you go to amazon.com and check out all of the 5 Star reviews of my book. There are dozens of 5 Star reviews of the book on amazon.com.
What you are going to see is that the book 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.
One of the key and important parts of this book 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.
Based on having represented overseas civilian contractors for years and having had one of the two largest DBA practices in the the world that represents folks like you - - I would strongly suggest that you reconsider. I strongly suggest that you read my book before you talk to the insurance adjuster, sign any forms, or even hire an attorney.
Be sure to check out his article - Top 10 Questions about the Defense Base Act.
Need Help Today?
Get a FREE copy of Win Your Defense Base Act Case, here. It will go through step by step what you need to do to win your DBA case and get you benefits sooner.
Or you can call us right now at 619-304-1000.
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 or folks don’t get the result they were hoping for.