Many injury victims hurry to file their claims as quickly as possible, aware that there is only a short window of time to get compensation after an accident. While it is always a good idea to get started on a claim soon after injury, workers covered under the Defense Base Act may be able to get compensation for their injuries after the statute of limitations has expired.
Still Be Covered After the Filing Deadline Has Passed
Typically, DBA workers have one year from the date they have been made aware of an injury to file a claim for compensation. But if a victim has never filed a claim, he or she could still be eligible for benefits long after the one-year statute of limitations has elapsed. There may be any number of exceptions to this rule, including incidents where an employee has suffered:
Employers are required to file an injury report as soon as they know that an accident has occurred. Filing an injury report is required for DBA benefits, as it is an official acknowledgement that you have been injured and will be claiming compensation. If the employer never filed this report, or filed much later than the date of injury, your statute of limitations may not yet be up.
Occupational Disease or Disability:
Those who have suffered an occupational disease have an extended filing period of two years to bring a claim. In addition, the clock does not start running until the date that the employee knew or should have been aware that there was a link between the employment and the medical condition. This is especially beneficial for workers suffering from a disabling condition, since it can take months or several years to be diagnosed with a work-related disability.
Aggravation Of A Previous Injury:
The DBA allows workers to recoup the full costs of medical treatment even if he or she was suffering due to a previous medical condition. If the employee did not get any type of injury compensation for the injury, he or she may still be owed these benefits.
If you have waited to file your DBA claim, don’t give up! For more information on how to proceed with your claim, look through my book, "Win Your Defense Base Act Case". You can get your FREE copy here.