Defense Base Act Claims for Burn Injuries

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The Defense Base Act (DBA) is a compensation program that covers any medical treatment needed by a civilian who has been an employee of any defense contractors while working for the U.S. military, whether in the country or overseas.

If you have a friend, loved one, or relative who has suffered burns while serving their country as a civilian contractor, they should reach out to a DBA attorney to assess their claim.

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Common Burn Injuries That Lead to DBA Claims

The most common injuries workers report are burns of varying degrees. Burn injuries have been reported by many employees who work for private defense contractors. These burns vary in degrees and can have numerous causes. Below are the most common burn injuries reported by federal workers:

  • Electrical – Accidents involving shock or current.
  • Chemical – Working with toxic substances or gasoline.
  • Thermal – Directly or indirectly working with explosives.
  • Radiation – Working with radioactive substances or elements.
  • Inhalation – Burning of chemicals or waste.

Note: any other burn inflicted while carrying out a job, such as on a military base, is also covered in the DBA benefits, and your attorney can give you professional advice on what you can claim.

The reports of the type of burns vary in accordance with the job of an employee. However, all are covered in your DBA claim depending on the intensity of the burns. No matter the origin of your burn, you need to know if you are eligible for a claim.

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Damages and Types of Burns

Burns are categorized in three separate degrees as per their intensity. First-degree burns are categorized as those that affect only the top layer of the skin. The injuries can usually be treated through first aid but require immediate care to minimize scarring.

Second-degree burns are much more severe, and the burn penetrates the second layer. The burns lead to blisters and can cause the area to be extremely red.

Third-degree burns are severe cases that lead to permanent scarring and additional medical complications. The burns can damage parts or all layers of a victim’s skin while penetrating the underlying bone or soft tissue. It is extremely painful, and victims will most likely go through multiple medical procedures to recover.

If you or a loved one has gone through the terrible pain of enduring burns, seeking proper medical help is essential. Unfortunately, in cases of severe burns, it is usually impossible for a victim to fully recover.

Filing a Burn Injury Claim

Along with the best burn injury doctors, victims also need a qualified attorney to assess the claims they are entitled to. Veterans Affairs Insurance does not cover civilians on the job. However, you are entitled to compensation under the Defense Base Act or DBA.

You or your loved one should never have to worry about expensive medical procedures, treatments or medications if you have been injured while working as part of a defense contract. Reach out to a DBA lawyer and receive a free consultation on how you can claim compensation under the Defense Base Act.

Was Your DBA Claim Denied?

If your case has been denied, this is not the end. There are many instances in which a DBA claim has been denied but approved later. You can appeal your case, but make sure you have a professional helping you. Having an experienced team can help you successfully reclaim your losses.

Common Reasons DBA Claims are Denied

There are multiple reasons why DBA claims are denied. Below are some of the most common reasons along with an explanation to understand why your claims may have been denied.

Your Injury Wasn’t Related to Work

DBA claims are often denied when the insurance company believes that your injury was not work-related. This can be in cases where your injury was overseas but not during work hours, resulting in your injury not being covered. However, a good lawyer can argue your case to outline that your injury was, in fact, within the parameters of work.

For example, if you were injured while shopping while working overseas, you are still entitled to a DBA claim. As you have to provide meals for yourself while working, being injured in pursuit of one will count within the parameters. This is referred to as the zone of special danger and can be further explained by your lawyer.

Your Injury Is Considered Minor

People often forget to document the extent of their injury properly. This could be one of the reasons why your claim was denied. It is essential that you keep all records of treatment and therapy along with bills. If you have received a piece of paper or email, you should have it documented. Attaching a copy of your case will strengthen your claim.

You Can Still Perform Your Job the Same

In the case that you were injured but it did not affect your ability to work, the insurance company may deny any claims. The best way to contest this is to have a doctor clearly document your physical or emotional constraints. If finding a job in your community or area becomes tough due to disability or injury, you are eligible for a claim. With the right team of expert lawyers, you can ensure that you can claim compensation.

Appealing a DBA Insurance Claim Denial

A Defense Base Act insurance appeal can be made after denial, but you must improve your case. You can negotiate your claim through filing and preparation with the right attorney. In many cases, it is that the insurance company recognizes your claim under DBA. However, the amount specified in your claim does not match what the insurance company feels you are owed.

With an experienced lawyer, you will have one of the best negotiators in your corner. With the right filing, which includes reports from:

  • Supervisors
  • Doctors
  • Witnesses
  • Therapist outlining long-term disability

The right paperwork will be key in creating a solid case. By hiring the best, you can ensure there is no room for error. The professionals know the best way to claim a DBA claim simply because they have been doing it for a long time. Ultimately with the right help, the chances of making a mistake are minimal, which can strengthen your claim.

Why You Should Hire an Attorney to Review Your Claim and Appeal

With the right team compiling your case, you will have a better chance of claiming your compensation by helping you calculate the losses you should be claiming and gather substantial evidence to back your claim.

Feel free to contact me to plan the next steps you should take. We have decades of experience handling Defense Base Act claims.

Howard Grossman

With over 40 years of experience, Howard Grossman is one of the leading personal injury attorneys in Boca Raton, Florida. He has a reputation for his accessibility, compassion, and tenacious trial preparation. Howard has litigated through complex claims ranging from medical malpractice, jones act, defense base act claims, longshore injuries, boating accidents, maritime injuries, product liability, wrongful death, and cruise ship injury cases.

Comments 5

  1. Allen Diaz says:

    I am an ex-USACE employee who has always been very healthy. Did three tours (05,07,09) in Diwaniyah, karbala, kirkuk, Camp David, FOB Edwards, Jalalabad, and Asadabad. Since then my health has deteriorated. I have trouble sleeping, constant stomach problems, headaches, anger issues, attention issues, my teeth are just falling apart, and esophagus thing that feels like my chest is going to split, my joints hurt so bad it makes me want to cry or eat lead and the latest thing is blood when I urinate. I haven’t been able to afford to see a doctor (single dad) but I am literally aty strength’s end. It hurts so bad every day that I just want to end it. I keep fighting for my daughters but I don’t know how much longer I can take this pain. Can’t eat hardly anything as I started grinding my teeth when I got back to the point I have shattered most of them.
    I have held off from reaching out because I don’t want to be thought of as weak or a leech but I need help or I am going to fail. (Sorry for the sob story but it feels good to finally be able to tell somebody)

  2. Teena Blackmon says:

    My husband was in Iraq Camp Echo and worked for KBR as a contractor, he worked at
    Camp Alasad too ( hopefully I spelled that correctly). He has auto immune issues (multiple sclerosis) and was complaining of the symptoms when he was there. He was in the sanitation department and worked in the burn pits.

  3. Peter Ruhweza says:

    Am Peter Ruhweza from Uganda ,I worked with SOC plc in Fallujah Camp as a force protection officer, for a period of 2years,since I left I have a persistent migraine headache, soar throat coughing and allergy to smoke..

  4. Denise Rost says:

    I worked for KBR as a military contractor in Iraq and afghanistan. I drove trucks right up to the burn pits.
    I have numerous medical and autoimmune conditions that has caused me to retire earlier than I would have expected due to medical illnesses.
    Lung disease, sjögren’s syndrome, fatigue level at 100%, throat issues and voice issues, chronic cough and chronic pain.

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