(310) 773-5207
Although the law entitles certain civilian contractors to workers’ compensation benefits when they are injured on the job outside of the United States, it is not always easy to get these benefits. An experienced Southern California Defense Base Act lawyer at The Law Offices of Preston Easley, APC can represent you in the claims and appeals process.
Even though the government is involved in your Defense Base Act case instead of an insurance company, it may not be any easier to have your claim approved. The law gives you robust appeal rights, and you can proceed with several different levels of appeal if your initial claim has been denied. You need an experienced Defense Base Act attorney representing you every step of the way.
Schedule a free initial consultation with a Defense Base Act lawyer at The Law Offices of Preston Easley, APC. We can explain your legal rights and fight to protect them when they have been compromised by a wrongful denial of your claim.
You Can Appeal if Your DBA Claim Has Been Denied
The Defense Base Act provides that civilian contractors who are working on military bases or U.S. government contracts of the United States are entitled to workers’ compensation protections. Any contractor who employs workers outside of the United States must purchase insurance coverage. If you have been injured on the job working as a government contractor overseas, you can file a workers’ compensation claim to seek benefits. However, these claims are not always granted. You have the right to seek recourse if your DBA workers’ compensation claim has been denied.
Unlike many other types of workers compensation cases, the decision about whether you can receive benefits under the Defense Base Act is not necessarily in the hands of the insurance company. At the outset, you would file your claim with the relevant Department of Labor office that has jurisdiction over the country in which you were injured. Well you may think that claims decisions are more likely to be in your favor because of the involvement of the government, but that is not the case. In fact, Defense Base Act workers’ compensation claims have a lower rate of approval than those that you may file under state law.
How to Appeal a Denied DBA Claim
Your DBA workers’ compensation claim could be denied for the following reasons:
- There is a dispute that you are actually injured
- The injury did not occur during the course of your employment
- There are inconsistencies in your account of the injury
- You are accused of engaging in illegal acts
If your DBA workers’ compensation claim has been denied, you have the right to file an appeal. At first, you may request an informal conference with the Department of Labor. If there are any misunderstandings about your claim that can be resolved without litigation, you may clear them up when you have the informal meeting.
Your first level of appeal is to the Office of Administrative Law Judges (OALJ), which is the administrative tribunal for the United States Department of Labor. You would present your arguments that could show that the government made a mistake of fact or law in denying your claim. An administrative law judge would hear the evidence that you have presented and the witnesses that you have called to testify, and they would make a decision about whether to overturn the denial.
If you do not win your case in front of the OALJ, you have several avenues of appeal. You can take your case to the Benefits Review Board (BRB). Here, you would not be able to have the facts of your case adjudicated another time. The BRB’s role is to determine whether the administrative law judge made a legal error in applying the facts to the law. Your final level of appeal is to the federal courts. Here, you would also not receive a de novo hearing. Instead, the federal court’s role is to review your case for legal errors only.
Although you are facing an uphill battle when you appeal the denial of a DBA claim, it is certainly possible to win. The best thing that you can do to increase your chances of success is to hire a Defense Base Act lawyer to represent you in the appeals process. They can gather evidence, obtain expert testimony, and present your strongest legal arguments. You may even consider hiring a Defense Base Act attorney to help you file your claim.
Contact a Southern California Defense Base Act Law Firm Today
To fight back against the government if they have violated your legal right to compensation, reach out to an experienced Southern California Defense Base Act lawyer at The Law Offices of Preston Easley, APC. You can speak with an attorney by filling out an online contact form or by calling us today at (310) 773-5207. We also serve clients in Hawaii.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
