You May Still Qualify Even If the Attack Did Not Hit You Directly
One of the most common misconceptions among overseas contractors is that they must be directly struck by an explosion to qualify for a claim.
In reality, the Defense Base Act covers many types of work-related injuries connected to hostile incidents.
Psychological Injuries and PTSD Under the Defense Base Act
Any companies that fall under the DBA Act like DynCorp, Fluor, Aumentum, Taylor, V2x, PAE, Vectrus, Sallyport, Triple Canopy or any other American based Company that carry DBA coverage, you may be eligible to receive benefits under the DBA Act. Contact us now to discuss your potential claim.
If medical professionals determine that the condition is linked to the worker’s overseas employment, the contractor may qualify for medical treatment and disability benefits under the Defense Base Act.
Physical Injuries Covered Under the Defense Base Act
The Defense Base Act provides compensation to workers who suffer job-related physical injuries while working overseas.
Any companies that fall under the DBA Act like DynCorp, Fluor, Aumentum, Taylor, V2x, PAE, Vectrus, Sallyport, Triple Canopy or any other American based Company that carry DBA coverage, you may be eligible to receive benefits under the DBA Act. Contact us now to discuss your potential claim.
Contractors Face Growing Security Threats Overseas
Contractors working on overseas military installations often operate in regions experiencing ongoing geopolitical tension and conflict.
Any companies that fall under the DBA Act like DynCorp, Fluor, Aumentum, Taylor, V2x, PAE, Vectrus, Sallyport, Triple Canopy or any other American based Company that carry DBA coverage, you may be eligible to receive benefits under the DBA Act. Contact us now to discuss your potential claim.
By Deborah Caputo — Attorneys Jo Ann Hoffman & Associates, P.A.
You sustained injuries while working with a Defense Base Act contractor. As a result, you filed a Defense Base Act claim for benefits for your injuries. The abbreviation that will be referenced throughout this article which is “DBA” for Defense Base Act.
Your case progresses, litigation proceeds, accompanied by the scheduling of several events. Among these, one particular event, that is arranged by the attorney representing the Employer and their Insurance Carrier, is the Vocational Evaluation. This article dives into the details of vocational evaluations and mastering your approach with confidence.
What is a Vocational Evaluation?
Glad you asked.
An injury while working for a DBA contractor not only raises medical and disability concerns (which warrant separate blog discussions) but also impacts one’s ability to earn wages. The question a vocational evaluator in its simplest form is to address whether the injured person can earn the same wages they did at the time of their injury or in another employment.
During a vocational evaluation, you, your attorney, and the vocational evaluator meet. Think of your attorney as your filter, ensuring only relevant questions are asked. The evaluator, hired by the Employer and Insurance Carrier, seeks information. The evaluation aims to establish the wage someone with your injuries would earn in the open job market under normal circumstances, and after the evaluation, the evaluator will provide a document titled, the “Labor Market Survey”.
The Labor Market Survey is essentially a list of potential jobs with each respective job detailing its responsibilities and average salary. The Labor Market Survey will be sent to all parties in the case post-evaluation.
So, this Labor Market Survey is just based on my evaluation, is that it? 
Continue reading →
How has Artificial Intelligence Impacted the Legal Field?
What is artificial intelligence?
Artificial Intelligence (AI) is the science of programming machines, especially computer systems to think and reason like human beings. These computer systems have been programmed to perform tasks such as problem solving and providing answers to everyday questions, even solving math equations.
Generative Artificial Intelligence is a type of AI technique where the machine perceives and classifies information to produce new and original content. The type of content includes image, music, video, art and design and text generation.
There are different types of generative artificial intelligence services. A few of the most common ones are ChatGPT, Microsoft’s Co-Pilot, Claude and Google Bard. Some are targeted at the legal profession, such as LexisNexis’ AI product which can generate the first draft of a legal document and analyze a judge’s past decisions to tailor a paper to the particular judge.
The Supreme Court’s “2023 Year-End Report on the Federal Judiciary” by Chief Justice Roberts addresses the impact of AI technology on the legal field. “Law professors report with both awe and angst that AI apparently can earn Bs on law school assignments and even pass the bar exam. Legal research may soon be unimaginable without it. AI obviously has great potential to dramatically increase access to key information for lawyers and non-lawyers alike. But just as obviously it risks invading privacy interests and dehumanizing the law,” says Chief Justice Roberts in the report.[1]
What is unique about lawyers using AI as opposed to other professions?
Lawyers are bound by special rules that govern their profession, which may come from their state bar’s ethical rules (i.e. the licensing body’s rules) or from state or federal law. Continue reading →
Once you or your attorney has filed your claim for benefits under the Defense Base Act for an injury you sustained during your employment with a DBA contractor, everything that you say or do can and will be used against you. The most important thing to remember when going through the litigation process is to be consistent in your reporting. This means whenever you give a statement on the record, report your injuries to your doctor, report your injuries to an independent medical examination doctor, or even during written discovery; everything needs to line up and stay true. The best way to stay consistent is to be completely honest during the whole process.
Self-Reporting of Your Injuries and Experiences to Medical Professionals
Usually, before filing a claim for an injury under the Defense Base Act, you would have spoken to a doctor about your symptoms/injuries and what could have caused it during your employment with your DBA contractor. This is where the consistency starts. From the very beginning, your self-reporting of your symptoms/injuries will be recorded in your doctor’s medical reports. These reports will be used to establish your injury and its link to your former employment. These records will be investigated by the defense attorney, and should your case go to trial, they will be presented to the Judge as well. Your words in these records will be compared to your words during other stages of litigation. Should you be subjected to an independent medical examination with a doctor of the defense’s choosing, that doctor will also be cross referencing your self-reports in your medical records to what you are self-reporting on that day. Additionally, this doctor will likely subject you to malingering tests wherein you’ll be tested to determine if you are feigning or overexaggerating your symptoms/injuries. Therefore, it is imperative to remain honest and consistent during the entire process. Continue reading →
Dear Injured Client,
We want you to know that we are here for you. We feel your pain from your physical or psychological injury. We feel your anxiety and emotional worry about how you will be able to work. We know you wake up at night worried about how you will take care of your family, yourself, buy goods, pay your bills and recover.
Your injuries may wake you up at night and keep you from sleeping; they may be there when you lash out in anger at your spouse, partner, friend, or child.
You are not alone. The US Dept of Veterans estimated 15 million people suffer from PTSD and emotional injuries this year alone. Post traumatic stress disease dwells in your body and it’s difficult to treat. It is an unseen condition. Fighters who have seen the worst in man, witnessing war, killing and bomb blasts have a difficult time returning to a normal society. It is a disease and it needs to be healed. The medical resources for it are insufficient. You may feel that you are battling alone and that you are out of place in this new world. PTSD is not like an arm wound where you look down and see how it is healing. With PTSD, you have to try to reduce your mental suffering and it’s difficult to figure out if you are succeeding. Know you are not alone.
Our goal: We seek to get your treatment. The treatment can include medication, psychological care, and settlement funds to return you to gainful employment. We apply for benefits for you through filing an LS 203 if your injury is under the Defense Base Act.
Never give up hope. Our prayer for you is that you identify your injuries, know which are physical and which are psychological, acknowledge you need help, find help, get the treatment you need, get better, seek a settlement, use the funds to go proudly forward. Know we are by your side as we lead you through the uncertainty.
The path is strewn with difficulty. The insurance companies may label you a malingerer, they will deny you benefits, they will attack your memory. Do not doubt yourself. We are well positioned to work for you. We fight for you while you focus on your return to health and work.
Continue reading →
How to prepare for your Defense Base Act Deposition
Your Defense Base Act claim for benefits for your injuries has been filed. You sustained injuries while working with a DBA contractor and now you have been scheduled to have your deposition taken. If you have never had your deposition taken before, then you are probably wondering what to expect. A deposition is an informal court setting where the attorney for your former employer will question you about your claim. This is essentially your opportunity to tell your story. Even though this is an informal proceeding, you will be sworn in by a court reporter and will answer all the questions under oath. This means that your testimony will have the same force and effect as if you were sitting in an actual court room before Judge. This is why all of your testimony must be one hundred percent truthful and to the absolute best of your knowledge. Do NOT guess!
The attorney for the employer and insurance company will ask you questions about a variety of topics. These topics will include some of your background information (questions about your family, residence, education, etc.), your employment history up to the date of your injury, your employment history since your injury, and your entire medical history. All of these questions are an effort by the defense attorney to obtain as much information as possible from your own words. This is why it’s very important to know what to expect and how to respond in a deposition. All of your testimony will be presented to the Judge, should your case go to trial, and the Judge will determine whether or not you are credible based upon your testimony. Therefore, it is imperative that you tell the truth and do not guess when responding to the attorney’s questions. When it comes to dates, times, quantities of measurement; it is okay to approximate as long as you let the attorney know you are doing so. It is perfectly fine to say “I don’t remember” or “I’m not sure.” It is not okay to state an answer is absolutely correct if you only “think” it is correct. Continue reading →
Did you know that there exists time period in which you must file your Defense Base Act claim in order to be eligible for compensation checks? Have you been told by an adjuster from one of the infamous insurance companies like Gallagher Bassett or AIG that your “statute has run”? In reality, your statute may not have expired at all! As an initial matter, there exists no time limit for medical treatment. This means that even if you had your injury 20 years ago, you are still eligible to file a claim for medical treatment! Medical treatment is never time barred (unless you settle your claim for a lump sum of money, then your medical claim usually closes forever).
There exists TWO statutes of limitations in the Defense Base Act: Sections 912 and 913.
Section 912 of the LHWCA/DBA provides that notice of an injury or death must be given within 30 days after injury or death, or within 30 days after the employee or beneficiary is aware of, or in the exercise of reasonable diligence or by reason of medical advice should have been aware of, a relationship between the injury or death and the employment. With respect to occupational diseases, such as mental injuries and PTSD, the statute provides for notice within one (1) year. PTSD is often classified as an occupational disease. Section 912 is the “nicer” statute, as there are several ways to get around it, including showing that the insurance company was not “prejudiced” (hurt) by the failure to timely file. We have won several cases by arguing that there was no harm! No harm, no foul as the saying goes.
Florida Injury Attorneys Blog