Our last couple of posts have focused on the Defense Base Act; starting with Filing a DBA Claim and Why Was My DBA Claim Denied? This week, we will discuss Settling a DBA claim outside of court. 
As with any issue we discuss, this is not to be considered official legal advice. For that, you’ll need a Montagna Law attorney. We strongly recommend that you enter such legal discussions with a representative who knows the law. Contact our DBA attorneys today for a free consultation.
The Defense Base Act is maintained by the Department of Labor’s Division of Longshore & Harborworker’s Compensation (DLHWC). Either party may open the table to settlement at any time, but it is important to know what time is the right time – another reason you need an Montagna Law attorney by your side. You’ll also need help determining whether the settlement is reasonable – which is where the DLHWC usually steps in. They’ll assess the claim and decide whether or not the settlement amount is reasonable based upon the following criteria:
- If you have reached “Maximum Medical Improvement”
- If you have returned to work or are able to perform other work
- If any issues or aspects of your claim are disputable, the settlement you receive will likely decrease.
If the DLHWC determines that the settlement is reasonable, then your employer and insurer must pay you the compensation owed. Ten days are allotted for transfer of funds; after that, a hefty late fee will be incurred (regardless of geographical distance).
We love to help but our blog posts are not legal advice. Please contact us today to hire a Defense Base Act attorney who can take charge of your case and turn things around!
Written By Jon Montagna
Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads Virginia area.
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