Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Archive for February, 2009

Is your DBA Attorney working in your best interest?

Posted by defensebaseactcomp on February 19, 2009

According to the Defense Base Act your attorney does not get paid unless they get you something more than the insurance company was providing, just because they said they would.
Considering that in 70% of all DBA claims the insurance company files an LS 207 immediately denying benefits of any kind despite the amount of blood on the ground, getting something more is hardly a  risk.
In one recent claim an attorney who was fired for not even reading the claimants file was paid.

So where is the incentive for them to work in your best interest if they are going to get paid whether you do or not?

It might be easy for a lawyer who doesn’t care to walk your case right through to a stipulation agreement or settlement that is not in your best interest.  Would you know the difference?

If you do not  research the complicated DBA/WHA, and LHWCA
laws in detail you will have no idea what to expect.
Even then these Acts are interpreted by lawyers, judges who are  appointed from within, the Department of Labor claims examiners,  benefits review boards, which means there is a considerable amount of OPINION attached to your claim, your future.

On the other hand the defense lawyers are well seasoned DBA attorneys who know all the tricks to keep the insurance companies from having to pay the medical and lost wages the DBA was put in place to provide you.  You will be pitted against your employer even if you still work for them.  Your fellow workers may be asked to testify against you. 
Some of the defense lawyers for the insurance companies have been working with the Department of Labor appointees and employees, the Administrative Law Judges, the Benefits Review Boards  members, the third party medical providers and attending seminars with them for years now.

Look for a lawyers track record before you jump on board.
If the company you were working for when you were injured suggests one you probably don’t want to go there.

AIG, CNA, and ACE are going to be repeat customers.

You are going to be a closed file.

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