Yes, as long as there is no change in disability status
Many people are concerned about the length of time they can receive disability benefits through the Second Injury Fund (the Special Fund). Generally speaking, if you collect permanent total disability (PTD) or permanent partial disability (PPD) through this fund, your DBA special fund benefits can last the rest of your life as long as there is no change in your disability status.
However, most employees will go through periods of injury improvement or worsening disability, both of which can affect a number of their benefits. Your employer or insurer may petition for a modification of your award based on a change in your condition, causing an increase, decrease, or termination of your payments. A few common situations where an employee’s benefits may be modified include:
Employees collecting PPD benefits may require treatments, rest, or surgery that will leave them temporarily unable to work. During this time, the employee should be considered totally disabled, and his employer or insurance company should modify his benefits to temporarily increase his payments. Temporary disability is paid by the employer, not through the Special Fund.
Unfortunately, some employees who receive PPD benefits will suffer a deterioration of their conditions, making them permanently unable to earn a living. If your injury gets worse to the point where you can no longer work, you must apply for permanent total disability benefits through the Office of Workers' Compensation Programs (OWCP). You must have proper evidence of the change in your condition, such as past medical records, recent medical evaluations, and your doctor’s recommendations and work restrictions. You should also send this information to your employer or insurer to let them know there will be a modification in the amount and type of benefits you receive.
“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
The Real Value of Hiring the Right DBA Lawyer
When you hire a Defense Base Act lawyer, you’re not hiring someone to guarantee that you’ll win your case. There are no guarantees in life or law (especially in the law, I might add). You’re not hiring them to build a case strategy plan and tell you what to do to get there. Although, that is part of it.
What you’re really hiring them to do is be a coach when things get difficult. When things go bad, or bad situations arise, or when it hits the fan. A good, honest DBA lawyer will help keep you from making a bad decision. Make no mistake about it - oftentimes no decision, is a decision. Which can be disastrous.
First of all, a good DBA lawyer knows the law and the procedure (the rules). This case is probably your first rodeo, so to speak. Even if it’s your second rodeo, you don’t want someone that is getting on the job training. You’re hiring someone that can see the field, so to speak. (Sorry, to mix metaphors here).
Second, a good DBA lawyer doesn’t have the same emotional attachment to your case that you have. Folks almost always evaluate their cases based upon emotion, rather than logic and clear thinking.
Combining experience with non-emotional decision-making is the real value in hiring the right DBA lawyer.
If you want to know more about hiring a DBA Lawyer check out this article on the Top 10 DBA Questions (see Questions 2,3, 4, and 6....)
What If My Employer Unfairly Modifies My DBA Benefits?
You, your employer, and your insurer may all submit requests to modify a number of your benefits. If one party does not agree to the proposed changes or termination of benefits, you may request an informal conference to decide the matter or get advice from a longshore attorney on how to proceed. To find out more about getting maximum payment for a DBA injury, read through a free copy of our guide, Win Your Defense Base Act Case.
Be sure to claim your free copy of the 5 Star Book - Win Your Defense Base Act Case
This is an eye-opening book that gives you an insider's view of the Defense Base Act and how to beat the DBA insurance company. This book will take you step by step on how to avoid the DBA insurance company tricks and traps that are designed to destroy your DBA claim.
If you do one thing - you owe it to yourself to read the 5 Star reviews of the book on amazon.com!!
Here are some of the 5 Star Reviews from amazon.com
5.0 out of 5 stars
Your DBA Case could not be in better hands. Get this Book!
May 3, 2016
If you are injured doing contract or military work overseas then I am telling you now to get this book. This book is the bible of winning a damn near impossible case and will stop you from being ripped off or taken advantage of by the DBA system. This book saved me from making grave mistakes that I was completely oblivious to and those mistakes would have cost me my case. So before you do or say anything,Change Your Future - please take the time to read this book.
Mr. S G
5.0 out of 5 stars
5 out of 5!
May 9, 2017
WIN YOUR DEFENSE BASE ACT CASE: Is an absolute MANDATORY read for anyone searching for information on anything DBA. This book has examples of past case studies, it also goes over the entire DBA Claim process from start to finish, the bottom line here is that its an absolute necessity for anyone that could be starting a DBA claim. The information that you'll receive within WIN YOUR DEFENSE BASE ACT CASE: is priceless and theres no way you will regret making this purchase.
5.0 out of 5 stars
True Guide to Success!
January 21, 2016
I can say with all honesty that without Mr. Turley’s Law Firm and without his skillfully written book, I would have been lost and could never have succeeded with my DBA case against that powerful insurance company. I am forever grateful.
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
In fact, 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.
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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.