“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure you do also. I always use plain English, with no sugarcoating no B.S. lawyer talk, and no double talk - just old fashioned, unsweetened, unvarnished truth.” -Bill Turley
Always tell the truth
When it comes to the ins and outs of filing a DBA claim, the first step you must take, is always tell the truth. Under no circumstances, never sugar coat anything.
Never tell a lie, and always tell the truth. Your credibility with the Defense Base Act insurance company and the Judge depend on it. The DBA insurance company is hoping that you will not tell the truth or try to hide something. They wil use that in order to try and destroy your credibility. I strongly suggest that you read this article: How to Avoid the Five Worst Mistakes That Will Destroy Your Defense Base Act Case
The Next Step
Before you fill out any forms or start the process of your DBA claim, you need to do your research. Order my free book, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To The Medical Treatment and Money You and Your Family Deserve. It is full of helpful information that will help your win your Defense Base Act Claim.
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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.
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If you were injured working overseas, the first thing to remember is that your injury is covered by the Defense Base Act. With very few exceptions, any action at any time that takes place while you are overseas—including recreational activity—should be compensable. You do not have to be actively working at the time of your injury to qualify for DBA coverage.
Keep These Ten Tips in Mind When You Bring a Defense Base Act Claim
In order to protect your case, remember these pointers after you have been hurt…
- Report your injury immediately. The best thing you can do to help your case is to report your injury to someone in a position above you at your company as soon as possible. You can build a paper trail by confirming the report in an email, and saving the confirmation in your inbox.
- Don’t give a recorded statement. Spoken and written statements are only used to deny an injury claim. The same goes for medical or employment releases. If an insurance adjuster tells you he needs your statement or signed release before he can provide you with medical treatment or weekly compensation benefits, your next call should be to a Defense Base Act lawyer.
- Choose your doctor wisely. You get one free choice physician under the DBA, so use it to your advantage. Explain the specifics of your job to your doctor, making sure he understands the rigors of Defense Base Act employment. Never choose a doctor suggested by the DBA insurance adjuster.
- Say “No” to the nurse case manager. Don’t allow the insurance company’s nurse case manager to go into the examination room with your doctor. The nurse case manager’s job is to save the insurance company money, so politely ask him or her to wait in the waiting room.
When Your Claim Is Denied Or Is In Dispute…
- Keep it short with the insurance adjuster. Remember: the insurance adjuster is not your friend—he’s trying to save his company money. Anything you say can and will be used against you, so keep your interactions polite but short.
- Collect evidence. Your compensation rate is based on your earnings, so make sure to document all of your wages, bonuses, and all of your pay stubs and W-2s.
- Document medical treatment. Keep records of all medical treatment you received, both in the U.S. and overseas. Get copies of all your overseas medical records before you return to the United States.
- Gather witnesses. Before you leave for the U.S., make sure you have contact information of any witnesses who saw your accident happen.
When You’re Taking Your Case To Court…
- Hire the right attorney. No matter how helpful the insurance adjuster is, don’t take legal advice from him—and never hire a lawyer suggested to you by the DBA adjuster or nurse case manager. Don't make a mistake of hiring a lawyer because they are close to you. You need the best, honest DBA lawyer that will agree to take your case.
- Always tell the truth. Don’t lose your case by fudging the facts. Tell the truth about any previous injuries or potential involvement you had in the accident.
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. Thanks, Bill Turley