subject: Defense Base Act Lawyer Straight Talk: What Is A Dba Labor Market Survey? This Is Important! [print this page] Defense Base Act Lawyer Straight Talk Defense Base Act Lawyer Straight Talk
If you are a seriously injured DBA worker - you need to know the truth about the Defense Base Act and your DBA claim. Here, we give it too you straight. No sugar added. Just good old fashion truth. If you Google "Defense Base Act Lawyer Straight Talk" or "Defense Base Act Attorney Straight Talk" you will find dozens of great articles by a Defense Base Act Lawyer that will help you win your DBA case.
What Is A DBA Labor Market Survey?
Under the Defense Base Act, the DBA insurance company may try and use a Labor Market Survey in order to reduce your DBA benefits. Under the DBA if you have an unscheduled injury, your permanent disability benefits are based upon your wage loss. Meaning the difference between what you made as a DBA employee and what you are able to earn post injury in your geographical area considering your physical disability, education, aptitudes, work experience and your disabilities and/or injuries.
A Tool To Reduce You and Your Family's DBA Benefits
The insurance company will set up an appointment for you to meet with their Labor Market Survey person. This person will try and find jobs in your geographical area that you can perform. Then the DBA insurance company will try and use these jobs to decrease your weekly permanent disability award.
Don't lose sight of two things. First, the Labor Market Survey is intended to take food off your family's table. Second, everything you say and do during your meeting with the insurance company Labor Market Survey person will be used against you in your trial. Depend on it.
Your Glass Is Half Empty
When you meet with the LMS person, you need to get your ego out of the way. Meaning, this is no time to overstate your abilities and/or capabilities. Meaning, when folks are in a job interview, they sometimes, express an ability to perform things and tasks that they may have never performed before. Or they try to cast themselves in the best light possible. Even stretching the truth a tad and fudging about their past and abilities. Not to suggest you have ever, sort of, overstated your experience or talents in applying for a job. Just saying, it happens.
There is no place for any of that once you have a DBA claim. First, always tell the truth. There are few things about your past that will tank (read: lose) your DBA case. Not telling the truth about your past can and will tank your DBA case. Don't go there. About anything. Always tell the truth. Whenever the truth is painful, that is the very thing you need to be most honest about. Folks don't get that simple fact and lose their cases because of it. Second, this is the last place you need to be overstating your talents and/or abilities. If you are seriously injured - then your glass is half empty, so to speak.
Instead, when you interview with the LMS person you have to be ready to be painfully honest about every facet of your life. Including your work past.
Be Ready
Before you meet with the LMS person you should have already made of list of everywhere you ever worked and the approximate dates of each job. Then you need to note how or why you left each job. If you got fired, you need to say you got fired. Remember, it is all about being honest. The DBA insurance company will subpoena your employment records. Don't think they won't find out all of this stuff and impeach you at trial if you are not telling the truth.
Next list all of the physical requirements of the jobs. Here, you need to be honest and reflective. If you lifted 75 lbs. at least part of the time in the former job, you need to note that. List all the physical requirements - lifting, bending, climbing, etc.
Next step is to make a list of every school you have ever gone to. Be prepared to discuss your grades. Again, don't overstate your grades. They will subpoena your records. Depend on it.
Felony Convictions
If you have felony or theft convictions, you have to reveal those if asked.
It's All Business
The LMS person is not your friend. You be polite and nice. Don't volunteer information. You need to answer the questions truthfully. Never guess or speculate. If you don't remember - say you don't remember.
Disclaimer
This article is not legal advice. Your circumstances may differ from those described in this article. If you are a seriously injured DBA worker, you are urged to hire the best Defense Base Act Lawyer you can find. Finally, always tell the truth. Never exaggerate your injuries or symptoms.
