How Long Do Defense Base Act (DBA) Claims Take to Settle?
As one of Floridas leading Defense Base Act attorneys, we frequently get asked: how long do DBA claims take to settle? Unfortunately, theres no simple answer. The timeline varies widely depending on several factors.
To help clarify this, well explain the elements that affect how long DBA claims take to resolve and offer tips on how you can potentially speed up the process.
What Is the Defense Base Act?
The Defense Base Act (DBA) is a federal law providing workers compensation coverage for civilian employees working on U.S. military bases outside the United States. It also covers civilians contracted by the government for projects related to national defense or public works.
Public works include construction or fixed improvements intended for public use by the U.S. or its allies. The law covers injuries or illnesses sustained on the job, regardless of whether they occur during working hours.
DBA Benefits Overview
Under the DBA, injured employees may receive:
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Temporary or permanent total disability payments, typically two-thirds of their average monthly wage (up to about $1,800 per month).
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Partial disability benefits, which cover 50% of the wage difference between pre-injury and post-injury earnings, during the disability period.
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Death benefits amounting to half the deceased workers average monthly wage plus two-thirds of their dependents average monthly wage (up to approximately $2,900 per month).
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Surviving spouses usually receive twice the deceased workers average monthly wage.
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These rates are adjusted annually for inflation and have no minimum payment.
What Happens if Your Claim Is Denied or Delayed?
In a perfect world, injured workers would receive benefits immediately. However, DBA insurance carriers often delay, deny, or minimize claims to save money.
This can cause serious hardship for injured workers who rely on these benefits to cover medical bills and lost income. If you experience delays or denials and wonder how long your DBA claim will take to settle, its crucial to hire an experienced attorney.
How an Attorney Can Help Expedite Your DBA Claim
A skilled DBA attorney can assist by:
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Requesting a Conference
If your claim isnt progressing, your attorney can file an LS-7 form to request intervention from the U.S. Department of Labors Office of Workers Compensation Programs. This schedules an informal conference where a government examiner issues recommendations to the insurer.
The insurance company may accept or reject these recommendations. If rejected, legal options remain. -
Requesting a Formal Hearing
If the insurer denies the examiners recommendations, your attorney can file an LS-18 form to move your claim to an administrative law judge for a formal hearing.
This process can take months to schedule. During this time, your attorney will conduct discovery, take depositions, and arrange evaluations to strengthen your case.
What Happens After the Hearing?
Even if the hearing goes well, the judge may take additional months to issue a written decision. Meanwhile, the insurance company might offer a settlement through DBA mediation, where a neutral third party facilitates negotiations.
How Long Do DBA Claims Typically Take?
The truth is, settlement timelines vary widelyfrom as little as a month to over a year in complex cases.
Insurance companies often fight aggressively to avoid paying claims in full, which can prolong the process. Thats why having an experienced attorney advocating for you is essential.
Why Choose the Law Offices of RITE for Your DBA Claim?
While you may have limited control over the claims process, an experienced DBA attorney can push your claim forward efficiently. Unfortunately, many lawyers lack DBA expertise or the time to devote to these complex claims.
At the Law Offices of RIE, we specialize in the Defense Base Act and have helped numerous clients secure favorable settlements. As the only dedicated DBA experts in North Florida, we combine extensive resources with a personal approach to fight for your rights.
We founded our firm to provide Florida workers with top-tier legal support for tough caseswhile still giving every client the attention they deserve.
Contact the Law Offices of RIE today to speak with our team of DBA professionals and get the support you need to move your claim forward.
