Surviving The DBA System of Attrition
The Defense Base Act provides workers' compensation benefits to employees working for defense contractors outside the continental United States. In recent years, there have been thousands of Defense Base Act workers seriously injured in Iraq and Afghanistan. This article is by a Defense Base Act Attorney.
The DBA Is Liberally Interpreted
U.S. courts have interpreted the DBA as being "liberally construed in conformance with [the LHWCA's] purpose, and in a way which avoids harsh and incongruous results." However, the Defense Base Act insurance companies play a far different game.
Instead, the DBA insurance companies are allowed to "game" the system by not paying benefits and trying to force DBA claimants to settle cheap. While the case law may be liberally interpreted, the DBA procedural quagmire allows DBA carriers to stop paying benefits and effectively force DBA workers to "die on the vine."
The DBA System of Attrition
Attrition: A wearing down or weakening of resistance, especially as a result of continuous pressure or harassment.
Under the DBA system, seriously injured DBA workers must outlast long litigation delays in order to receive the workers' compensation benefits which the Defense Base Act provides. In essence, there is little downside to DBA insurance carriers to simply try and out-wait DBA claimants. So, time and again, seriously injured DBA claimants are forced to live years without benefits waiting for a trial and an Order compelling the DBA insurance company to provide DBA benefits.
The system is seriously broken. However, seriously injured DBA workers need to know the reality which they are facing. It is a system of attrition.
Before you do anything
You are about to go to war with the DBA insurance companies. Now, they're already prepared and ready to win, which means you're already at a disadvantage. So be prepared too and start off with the basics. Check out our website for the most comprehensive and easy-to-read information regarding the Defense Base Act.
Next get your FREE copy of my book: Win Your Defense Base Act Case. This book delves deeper into what you need to do and understand in order to win for you DBA 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!!
Check out all the great 5 Star reviews on Amazon
5.0 out of 5 stars
DBA Injury? You need this book!
April 16, 2016
If you have an injury overseas working for a DOD contractor, this book will explain (in plan language) a step by step plain on understand and receiving the proper treatment, settlement and if you need a lawyer what that process entails. This book helps you (in an ethical way) work with and understand what your company and the DBA insurance company can and cannot do, and what are your options if you cannot reach a consensus with the insurance company during the settlement process.
5.0 out of 5 stars
I just "Got it" better! Understood better.
July 6, 2016
I had read another book on the subject and while very detailed it was lacking the personality that Mr Turley invokes. Written so that I appreciated the reality of the process of how the Base defense actually works. I think I just "got it" better!
5.0 out of 5 stars
IS THE BEST THING TO DO
February 2, 2016
I HAVE NO CASE BUT I WORK OVER SEA AND ALL PEOPLE TALK IF YOU GET HURT , THERE IS NO BENEFIT SO I SAW THIS BOOK AND DECIDE TO READ IT. IS THE BEST THING TO DO . IF I GET HURT WISH I AM NOT LOOKING FOR THAT. BUT I KNOW WHAT TO DO THANKS TO THIS BOOK.
Your Long Term Strategy
In order to prevail, you must develop a three part strategy:
- First, you need to develop the evidence needed to prevail over the issues which the DBA carrier is denying your claim. Focus on why the DBA carrier is not providing you benefits. Usually, but not always, the DBA carrier will controvert your DBA claim and not provide benefits over some element of the evidence. Sometimes, this strategy will either persuade the DBA carrier to reinstate your benefits or offer a more fair lump-sum settlement.
- Second, you need to develop a strategy on how you and your family are going to survive over the long haul. That is, how to win the war of attrition. Don't think that just because you have a legitimate claim that the DBA carrier is going to pay you the Defense Base Act benefits which you are entitled. Instead, you need to be planning how you are going to survive the many months without receiving any benefits.
- Third, you need to have a Defense Base Act attorney that is going to advance your DBA claim as quickly as possible. That is, marshaling the evidence, requesting and then holding an emergency informal conference, getting recommendations issued, filing an LS-18, and then proceeding to trial as quickly as possible.
You Need To Take Action
Your employer/ carrier is obligated to provide you reasonable medical treatment and temporary total disability benefits under the Defense Base Act. Too often the carrier will arbitrarily refuse to pay or stop paying for medical treatment and will stop your workers' compensation checks. The insurance carrier will controvert your DBA claim.
Doing nothing is not the best option. If your Defense Base Act medical benefits or workers compensation - TTD checks - are denied or the insurance carrier refuses to pay for your medical treatment or TTD you need to take action. Now. See this website for free information on the DBA. This is the most comprehensive DBA website in California.
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.