Under the DBA (Defense Base Act), which is an extension of the Longshore Act (LHWCA), you have a free choice of physician in El Portal, CA. It is essential that you choose wisely. Before making your decision, it’s highly recommended that you consult with a knowledgeable attorney as soon as you can.
Keep in mind that the insurance company cannot force you to treat with their physician. However, if you do treat with an insurance company doctor in El Portal, CA, it is very important not to sign any documents that state you are choosing the company doctor.
Generally, you don’t make your free choice of doctor until after you return home from overseas. For example, you may have received emergency medical care in-theater. Or you may have been flown to receive treatment in a foreign city. You don’t actually exercise your choice of doctors until you’re back home. At that point, whom you choose as your physician is critically important to your case in El Portal, CA.
Your doctor in El Portal, CA is entitled to a presumption; that is, his or her medical opinion regarding the diagnoses of your injury and recommendations regarding your care and treatment. In a presumption, the judge generally accepts your physician’s opinion over that of the doctor who, for all intents and purposes, works for the insurance company. However, the judge can and sometimes will accede to the DBA insurance company’s doctor in El Portal, CA. Assuming your physician’s opinions are well-reasoned and not conclusory, then you there is a greater likelihood that the judge will credit your physician.
It is vitally important that you are honest with your own physician. Failure to do so may lead to an opinion by your doctor that bolsters the DBA insurance company’s case—to your detriment. If your doctor has faith in your truthfulness, then he or she is more likely to provide opinions which help you, and are therefore more favorable to your settlement.
When you go to a doctor who was chosen by the insurance company in El Portal, CA, you are seeing somebody who may put the insurer’s profits over your best interests. They may declare that you have reached Maximum Medical Improvement (MMI, or the point at which your condition has stabilized and will not benefit from further treatment or rehabilitation) when that may not be the case, or declare that you can return to work before you are ready, and often without considering all the demands of your job.
Just as you want a doctor who is on your side ((incitycommastate), you need an attorney who will be your advocate and fight to get you everything to which you are entitled. Chances are, you have questions about the free choice of doctor and your rights under DBA. We offer a free and confidential consultation with one of our experienced attorneys. To learn more and schedule a time to discuss your needs, please call us at (619) 486-1739. We help those protected under the DBA secure their rights and obtain the payments they deserve!
Contact us today to schedule a free confidential consultation with our Defense Base Act Lawyers serving El Portal, CA. Our dedicated staff will provide you with the attention and consideration that you deserve in your time of need. Our Defense Base Act attorneys at the Mara Law Firm will devote ourselves to protecting your interests and obtaining the maximum benefits that your case merits.
Years of experience delivering exceptional results for workers injured under the Defense Base Act.
What Is The Defense Base Act?
The Defense Base Act provides workers’ compensation protection to civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or for national defense.
What do you need to know about defense base act coverage?
You need to know that the Defense Base Act covers more injuries, disabilities, diseases, and sicknesses than you think. Even if you don’t think your covered, chances are, if you were injured or became sick and/or disabled while overseas, you are covered under the Defense Base Act. This is likely so even if you were injured, disabled, or became sick when you were not performing work. You need to know that the Defense Base Act liberally favors compensating injured workers over denying coverage. The insurance company will make you feel the opposite and will tell you that you are entitled to no compensation or medical benefits for your injury. Talk to a trusted Defense Base Act lawyer to learn about whether your injury is covered and get on the road to compensation and wellness today.
What types of benefits are available under the defense base act?
|You need to know that the Defense Base Act covers more injuries, disabilities, diseases, and sicknesses than you think. Even if you don’t think your covered, chances are, if you were injured or became sick and/or disabled while overseas, you are covered under the Defense Base Act. This is likely so even if you were injured, disabled, or became sick when you were not performing work. You need to know that the Defense Base Act liberally favors compensating injured workers over denying coverage. The insurance company will make you feel the opposite and will tell you that you are entitled to no compensation or medical benefits for your injury. Talk to a trusted Defense Base Act lawyer to learn about whether your injury is covered and get on the road to compensation and wellness today.|
|The Defense Base Act provides disability, medical, and death benefits to covered employees injured or killed in the course of employment, whether or not the injury or death occurred during work hours. Compensation
for total disability is two-thirds of the employee’s average weekly earnings, up to a current maximum of $1,030.78 per week. Compensation also is payable for partial loss of earnings. Death benefits are
half of the employee’s average weekly earnings to the surviving spouse or to one child, and two-thirds of earnings for two or more such survivors, up to the current maximum weekly rate.
Permanent total disability and death benefits may be payable for life, and are subject to annual cost of living adjustments. There is no minimum compensation rate. Permanent disability and death benefits payable to aliens and non-U.S. residents may be commuted by payment of half of the present value of future compensation, as determined by the OWCP district director. The injured employee is entitled to medical treatment by a physician of his/her choice, as the injury may require. Medical benefits may not be commuted.
Who is covered under the DBA?
The Defense Base Act covers the following employment activities: Working for private employers on U.S. military bases or on any lands used by the U.S. for military purposes outside of the United States, including those in U.S. Territories and possessions; Working on public work contracts with any U.S. government agency, including construction and service contracts in connection with national defense or with war activities outside the United States; Working on contracts approved and funded by the U.S. under the Foreign Assistance Act, generally providing for cash sale of military equipment, materials, and services to its allies, if the contract is performed outside of the United States; Working for American employers providing welfare or similar services outside of the United States for the benefit of the Armed Forces, e.g. the USO. If anyone of the above criteria is met, all employees engaged in such employment, regardless of nationality, are covered under the Act.
When to consult a defense base act attorney?
It is never too early to consult a defense base act attorney. In fact, you should reach out to an experienced, trustworthy Defense Base Act Lawyers as soon as you become aware of a work-related injury or condition that is impacting your ability to work. The early phases are critical and mistakes that happen right after suffering an injury can be extremely difficult to overcome for the duration of your case. The right attorney will guide you down the right path so you can avoid those mistakes, which, without that guidance, you will not know the pitfalls to avoid.
If you are in need of employment litigation attorney in California or have been injured overseas while under a military contract and are in need of a defense base act attorney. Please fill out the form below and contact us immediately
for a FREE consultation.