Full Answer
As most of the DBA disputes arise because of an insurance company denying payments completely or partially, once a case is settled, the insurance company involved has to pay the lawyers’ fees and expenses both for their own lawyers and the attorney for the injured claimant.
SOME INJURED EMPLOYEES MAY NOT HIRE A LAWYER SINCE THEY ARE AFRAID OF HIGH FEES. BUT DBA IS DIFFERENT. One of the most beneficial aspects of Defense Base Act (DBA) is the fact that injured employees or family of deceased employees do not have to pay any lawyers’ fees.
Yes, DBA lawyers like other lawyers receive fees. But the mechanism works in a different way here. Unlike other fields of law, under Defense Base Act, an attorney is not allowed to take a certain percentage of client’s settlement amount. The final fees and costs have to be approved by a judge at the end of each case.
That’s why you will want to work with a DBA lawyer if you’d like to receive the highest compensation for your claim. If you suffer injuries or have PTSD while working and the Defense Base Act covers you, then you should file the Defense Base Act claim. Typically, making this claim can be complicated, as you have to put together medical reports ...
When this happens and you have a DBA cover, you’re eligible for compensation from your employer.
The good news for claimants is that in some cases under the LHWCA/DBA act the employer’s insurance company is responsible for the claimant’s attorney fees. Keep in mind that this does not apply to every case. This situation only arises where there is a dispute as to the claim and you haven’t been paid. If you have been hurt, filed ...
In all other situations where an attorney might be involved in prosecuting a claim under the LHWCA, the claimant (you) is responsible for the fee. This works as a lien on any recovery under the claim, but it is not a percentage fee. The attorney must prepare a petition for fees, which must be reasonable in terms of amount of hours expended on the matter and the hourly rate. The district director or administrative law judge will approve the petition, or adjust it but the amount must be reasonable.
Attorney fees for LHWCA/DBA claims are not paid by the traditional methods of which you may be aware. There are special rules for these claims. First, let’s review some traditional attorney payment arrangements.
The Defense Base Act covers you if you work as an employee of a civilian contractor overseas, such as if you work on U.S. military bases, land used for military purposes, or public work contracts.
There are a few types of benefits available under the Defense Base Act:
The fundamental basis for many disability benefits is your AWW. However, calculating your AWW is not always straightforward. We recommend working with an attorney to understand the process better.
A lawyer can help you with various aspects of negotiating a Defense Base Act settlement.
You never have to go through the workers’ comp claims process alone. Grossman Attorneys at Law knows how to calculate a Defense Base Act settlement or ongoing benefits. We will gather your information, consult with your medical providers, and determine how much your case is worth.
Your settlement must include a clear amount for compensation, medical, and attorney fees. The reason for the settlement must also be clear. You must also give your biographical information and work history, as well as whether you can work, are capable of working, or when you medically can return to work.
Lost wages – past and future. Prolonged or total disability and your ability to work. The medical and compensation benefits you may be entitled to are all based on past and current physical, emotional and mental status and whether you’ll make a full recovery or having ongoing problems like PTSD.
Even if you cannot carry on the same kind of work you did before you were injured, the DOL will consider any and all available work that you can do. They will also weigh the cost of current and future necessary medical treatment for the injury you received as a government contractor working overseas.
Your weekly compensation rate should be paid so long as you are disabled from work. This is in addition to your medical expenses. The compensation benefits are intended to compensate you for lost wages (economic loss) due to injury, whether short-term, prolonged, or total and permanent.
Even once the settlement is agreed upon by both parties, it must still be approved by the Department of Labor (DOL) before you receive the money. This is because the DOL wants to make sure that the settlement is fair and just to you, as the injured claimant.
While it is difficult to put a dollar value on your pain and suffering caused by an injury, it is important to remember that pain and suffering are not considered when determining what is a fair settlement of a DBA claim. The DBA only provides compensation on a weekly basis while you are unable to work, ...
The DBA only provides compensation on a weekly basis while you are unable to work, and medical expenses. So, determining the correctly weekly compensation rate becomes crucial and depends on your Average Weekly Wage. Once we determine the correct AWW, we must consider your disability.
4. Compensation for long-term or total disability, and your ability to work in the future. In sum, make sure you know what you, and your injury, are worth. That is so that an insurance carrier will not be able to grind you down in settlement negotiations.
As you likely know, the Defense Base Act (DBA) covers contractors working overseas. If you are working on a military base, or in a security position, or assisting with a public works contract, the likelihood of injury in your line of work is likely higher than average. If an injury does occur, you need to have the peace of mind to know that you will be covered for your medical, and other, expenses.