Defense Base Act Compensation Blog

The Modern Day DBA Casualty

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.

8 Responses to “Is your DBA Attorney working in your best interest?”

  1. George Makris said

    I was working with the company Spensieri in Arecibo Radio Telescope wen the scaffolding claps and I fell 35F I this people the don’t use safety cables and other safety equitment that’s why I felt and I brock my both legs very badly.Now the start pay my benefits and I don’t I agree with watt the amount I need to find one lawyer ho doing Defense Base Act to help me or give me some advise you can contact me on this number 330-338-9083 thank you.

  2. RICHARD ADAMS said

    I HAVE AN ATTORNEY WORKING FOR ME ON MY DBA AND HE IS LETTING AIG RUN ALL OVER ME.HAS BEEN ALMOST 2 YRS AND AM STILL WAITING ON SURGERIES,THEY SKIP PAYMENTS AND ALL HE DOES IS SEND AN EMAIL AND WAIT FOR REPLIES.AS OF RIGHT NOW THEY ARE 2078 DOLLARS BEHIND ON WHAT THEY OWE.I NEED A MORE AGGRESSIVE ATTORNEY TO GET WHAT IS OWED ME.THEY HAVE NOT HAD TO PAY PENALTIES,HE WILL NOT RETURN CALLS OR EMAILS

    • defensebaseactcomp said

      Sounds like the majority of DBA Attorneys out there.

    • brit guy said

      I will not defend the scum that make money by representing injured contractors only to line there own pockets.

      But be advised it is the act that allows this to happen.

      Your attorney can write as many emails he likes regarding treatment or DBA benefits and the examiners can recommend what they like but the insurance companies are under no obligation to comply and they now this.

      The only people who can make them are the ALJs and they can even appeal that. That’s if they have not already bought that one.

      But it may seem that they are all bad but they are not it is the system they have to operate an act although signed in good faith that has been purchased by corporate Americas greed for money regardless of the human cost.

      You all continue to think you live a land of justice for all and a land of freedom think again your country was purchased long ago by the money men of America

  3. anonymousonpurpose said

    Hello,

    Does anyone here have any experience with State’s bars?

    I am curious about which route to go against my lawyer….FORMER lawyer. I have overwhelming evidence in my favor that he caused me injury and indeed is guilty of malpractice!

    Do you think the Bar will do anything? Should I PAY malpractice attorney, or do they take cases on spec? Should I do both routes at the same time, or wait and let a lawyer write up the case?

    So many questions, no one to turn too… 😦

    It should NEVER have come to this…all he had to do was his job and the evidence would have won the case for me…..S.O.B. lawyer needs his @ss kicked!

    • brit guy said

      Remember that attorneys govern themselves the bar associations have wide ranging powers.
      From disbarment to suspension to a slap on the wrist.

      That has to be upheld by the states supreme court.

      A lot will depend on which state he is in and how far up the pecking order he is and which company they are with.

      The whole damn system stinks to high heaven.

      I recently checked with the Dept of Justice about the actions of the defense attorney on my case.

      The dept of Justice confirmed that what he has done is illegal however I have to go through the his states bar association which does not fill me with confidence.

      How the hell can you follow illegal practices and still continue with the case surely it should be an instant forfeit and why cant the DoJ take action against them if its illegal then by definition it is against the law.

      If I fail to follow the rules or do something the insurer doesn’t like instant denial of benefits they and their attorney’s can break the law with no forfeit or penalties at all.

      Hey and guess what this in the land of the free. I take it thats free to break law if you fit the right criteria

      Sorry hope this helps

  4. Pamela said

    Is anyone here familiar with Ralph Lorberbaum? I am interested in hearing your experience with his representation.

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