Defense Base Act Attorney Straight Talk: Dba Presumptions - Why They Are Very Important To You

In this latest DBA Lawyer Straight Talk article we discuss Presumptions under the DBA

. We often discuss Defense Base Act Presumptions because they are an important part of the DBA. Think of the issues covered by these presumptions as DBA case killers. Meaning they will end your DBA case if don't prevail on these issues. Read: you lose, go home, with no money benefits or medical treatment. In order to keep this from happening to you, we help you spot the issues, so to speak, so you have the evidence to prevail on these issues in your case. As always, if you are a seriously injured Defense Base act employee you need to retain a seasoned DBA Attorney.

DBA Case Killers

1. Your injury isn't covered by the DBA.

This can range from you weren't injured at all, your injury isn't related to your DBA employment to you aren't a covered DBA employee.

2. You didn't give sufficient notice of your claim.

The Longshore Act/ DBA has two statute of limitations. Meaning how long your have to file your claim. In a nutshell, you should file a claim form with the US Department of Labor within 1 month if you can. But don't worry if you missed this date. Secondly, the more important date is one year from your date of injury. Thirdly, one year from the date you knew or should have known your injury would cause you a permanent wage loss/ loss of wages. If you meet any of these deadlines and you are usually fine. There are other ways to defeat a statute of limitations defense, so don't think your case is done if you don't meet these time limits.

This is not to suggest you shouldn't file as early as possible and end the discussion. Look at it this way. The longer you wait to report your injury/ claim, the less likely your claim will be accepted by the DBA insurance carrier and even perhaps, the Judge.

3. You weren't injured solely due to your intoxication.

This is much more liberally construed for DBA claimants than Longshore claimants. Usually these case are usually fact determinative. Meaning - not to sound too lawyerly here - but, it depends.

4. That your injury was not caused solely by your intention to injure yourself or others.

Again, this seems to be more liberally construed for DBA claimants than Longshore claimants. Usually these case are also fact determinative. Meaning, it depends.

Takeaway Point:

The DBA Presumptions are powerful. The way to prevail on these Presumptions is to always tell the truth. Even when it is painful and especially when it is painful. The DBA Judge will probably give you the benefit of the doubt (read: the presumptions), if you are truthful and don't lie, fudge, exaggerate your injuries or your case. Always tell the truth. Always.

Disclaimer: This article is not legal advice. Your case may differ from than situations described here. We are simplistic in order to achieve clarity. This is not a guarantee you will prevail on these issues with your DBA case.

by: William Turley

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