How Does a Defense Base Act Waiver Affect My Injury Case?
Even if your position qualifies you for Defense Base Act benefits, the U.S. Secretary of Labor can waive these benefits at the request of any employer.
These waivers are usually only valid if the employer provides alternative workers' compensation benefits. If there are no workers' compensation laws in effect in the area you are working in overseas, the waiver will not be in effect.
Here are a few things employees should know about DBA waivers:
- Voluntary coverage: There is no rule preventing employers from providing DBA benefits to employees even if there is a waiver is in place.
- Terms of exclusion: Waivers can be applied to different employees based on their work, location, contract, or classification.
- Posting requirements: Employers are required to post information about injury coverage in procedures in a conspicuous place inside business headquarters. This can include Form LS-241 (Notice to Employees) for DBA coverage, but also LS-242 (Notice to Employees for Self-Insured Employers) if the employer has secured a DBA waiver. These postings should clarify the name of the insurer with whom the employer has secured payment of compensation as well as the policy expiration date.
Employers and insurers may attempt to deny fair compensation by using a waiver and forcing the employee to adhere to the terms of a local compensation insurance policy. These claims can involve filing numerous forms and follow-up appointments and phone calls, which employers may exploit as a way of denying and delaying payment.
Why am I telling you this?
Look I've been doing this a long time. I've seen what employers and the DBA insurance companies are capable of. I've seen good, honest, hard-working folks get taken advantage of by these companies. I don't want that to happen to any of my clients and I don't want that to happen to you. This is why I have made it my mission to make sure that you are as prepared as possible to take your DBA claim to court and win your benefits.
And it is why I fill my article library and blog with pages like this one so that you can get the answers you're looking for now.
It is also why I encourage you, if you have any questions about anything you've read here or specifically about your DBA case call my office today.
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!!
Check out all of the 5 Star Reviews on amazon.com
5.0 out of 5 stars
DBA case: It's a Chess game, not checkers.
June 15, 2017
Bill Turleys book “Win Your Defense Base Act Case” was essential to my successful DBA insurance claim and settlement. I could not return to work due to two injuries; a psychological injury being Post Traumatic Stress Disorder and a knee injury being Bi-Lateral Tendonitis or “Jumpers Knee”. The DBA insurance companies medical professionals also known as minions opined that I could return to work with no restrictions. My work was in a high threat environment. I insisted that I was not ready to return to work due to my concerns. I feel that the DBA insurance company made their negligent decision in favor of saving money. However, I knew that the only one who could put me on a plane back to my DBA job was me! I knew this because I read this book that Bill Turley published concerning the DBA law. This book gave me the confidence to take control of my well being.
5.0 out of 5 stars
Don't be outgunned in a DBA Firefight.
February 27, 2017
If you have been injured while working as a civlian overseas and are considereing a DBA disability claim or how to get Medical care for your injuries you must have this book as your primary resource. Learn and read everything you can online from the major Law Firms handling DBA cases, but your research will not be complete until you read this book. You will fully understand what happens after the filing of a claim,which any DBA Attorney can do, when the real fire fight begins. You must know who is comming at you and how, and about their plan to deny your care and compensation. Do not think that the Law Firm you hire to represent you will just handle it all for you because how you prepare and communictate with your Attorney and how your credibility is judged in Court, is how the fight will be won or lost. Its not fair, its about you going up against serious Insurance Company Attorneys and you do not want to be outgunned. You might even want to have and read this book if you are unsure if your injury may be covered or if you may be having issues with PTSD. Learn the Insurance Company tactics and procedures and be prepared.
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.
5.0 out of 5 stars
Essential book to have for every Contractor
July 17, 2015
This book is an absolutely an essential element if, unfortunately, you are injured under the DBA act. You can "search the internet" and try to find limited, mostly false, information about your rights, benefits and overall process of DBA. Or find a local attorney that has 20 types of cases they handle and one towards the bottom being DBA. Mr. Turley (author) and his firm are clearly the leading experts in the DBA field.
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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.