Do I Need a Lawyer for a DBA Claim?
The Defense Base Act (DBA) is a federal law established in 1941. It provides workers’ compensation to civilian contractors on U.S. military bases abroad or under government contracts. This covers roles in construction, security, logistics and support services in high-risk areas including Iraq and Afghanistan. The DBA addresses injuries, illnesses or deaths related to work, offering benefits like medical care, wage replacement, disability payments and support for surviving family members. However, filing DBA claims can be challenging for non-lawyers due to complex regulations, strict deadlines and insurance companies that seek to reduce the amount they have to pay you.
A primary reason to engage an attorney is the complicated legal structure of DBA claims. Unlike standard workers’ compensation, the DBA operates under the Longshore and Harbor Workers’ Compensation Act. This requires knowledge of federal guidelines and Department of Labor processes. Without professional assistance, claimants may miss important timelines or fail to establish that the injury occurred during employment, particularly in conflict zones where evidence is often difficult to obtain. An attorney will assist in assembling and presenting strong evidence. They help gather relevant medical records, witness statements, incident reports and expert opinions and will work collaboratively with you to ensure the best possible outcome. In cases involving trauma from explosions or conditions like PTSD from exposure to ongoing hazards, attorneys will help connect these directly to your job duties. This is essential because insurers often deny claims by questioning the severity or cause of your injuries. An experienced DBA attorney anticipates such strategies and ensures documentation is complete.
Attorneys also excel in negotiating maximum benefits. Negotiating is a key part of the skills that I bring to the table and I have completed extensive training on negotiation and mediation to better prepare for these challenges. The DBA includes temporary or permanent disability payments, vocational rehabilitation and benefits for your dependents. Insurers frequently propose low-ball settlements that undervalue long-term needs, such as continued medical treatment or reduced earning potential. Skilled attorneys challenge these initial offers, often securing higher compensation. If a claim is denied, they represent clients in conferences or hearings before administrative judges, where self-representation typically leads to less favorable results. An experienced DBA attorney can streamline the process, sometimes resolving matters more quickly, leading to a faster pay out for the injured worker. I have extensive work experience in the federal government and am able to use the skills honed during my time as a clerk in the federal court and as an attorney for the Board of Veterans Appeals to leverage just settlements for my clients.
In demanding overseas contracting environments, where injuries can have lasting impacts, retaining a DBA attorney is essential. We balance the scales against powerful insurers and bureaucratic obstacles, ensuring injured workers and their families receive appropriate support. Insurance companies always have attorneys appear on their behalf, so why put yourself at a disadvantage? At Gernand Law, we operate on contingency fee arrangements— no upfront costs— so seeking counsel early carries little risk. If you would like to discuss your case, please contact our office at info@gernandlaw.com or call 281-786-6235. While I am based in Texas, I have represented DBA claimants worldwide and can work around your time zone and schedule.
