$390,000 DBA Settlement
v. Dynacorp
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When you are suffering from an injury, it is difficult to deal with red tape and stressful to wait for insurance companies to process your claim for benefits. Capron Avgerinos & Heinlen will navigate the confusing maze of federal law, procedures, and paperwork surrounding your Defense Base Act claim.
Over 15,000 American civilian workers died
or were seriously injured in Afghanistan between 2001 and today.*
These and thousands like them are why we do what we do.
*U.S. DEPT OF LABOR
YOU NEED TO KNOW
Contractors’ insurance carriers often engage attorneys to contest YOUR claims
and they have a strong financial interest in discouraging you from filing a DBA claim.
There are VERY STRICT time limitations on DBA eligibility.
Federal law requires timely completion of all the correct forms.
IF YOU OR A LOVED ONE HAS EXPERIENCED AN INJURY OR A DEATH WHILE
WORKING ABROAD FOR AN AMERICAN COMPANY OR THE U.S. MILITARY
Meet Steve Smalling: Steve is focused on our clients seeking to defend their rights in Defense Base Act claims. His understanding of this complex process has served our clients well in receiving fair and just compensation for their injuries.
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That’s because we are in the trenches with our clients day after day, year after year, going above and beyond to help you recover from a trauma and reclaim your life.
I’m glad you pointed out that the Defense Based Act will usually cover the medical treatment and other compensation to those who are injured while under an overseas government contract. My brother was recently injured while working at the military base, so I think he might be eligible for DBA coverage. I learned a lot of helpful info about DBA claims, so thanks for sharing!
Dear Capron & Avgerinos,I worked for the U.S. Agency for International Development for nine years, from April 10, 2011 to April 9, 2020. Administrative policy forced my separation from the Agency.
From June 2011 through December 2016 I lived and worked at multiple remote military outposts. My service in Afghanistan had not only a heightened threat of severe injury or possibly even death, but also an elevated risk of illness and weakened immunity due simply to toxic exposures from my everyday work environments, living conditions or other hazardous circumstances. These illnesses may show symptoms immediately or may cause long-term effects that go unnoticed for many years until they pose major health concerns. Certain illnesses are, in fact, caused directly by or linked to my service, including Airborne Hazards and Open Burn Pits.
In April 2017 I was diagnosed with a very complicated life threatening infection, vertebral osteomyelitis and discitis. It was the opinion of my physician this was from the pneumonia I contracted in Afghanistan November 2016 and lasted through February 2017. I underwent major surgery in May 2017 as well as over 200 antibiotic IVs to treat the infection, and the damage to my spine and respiratory system is permanent.
While hundreds of USAID officers lived in comfortable conditions, USAID leadership looked to me to take on the most grueling and dangerous assignments, as I lived and engaged local Afghans where USAID development projects were actually being implemented. It was my understanding that for me to decline any assignment would mean termination. I was reassigned to 11 different remote posts in five years, far more than any other USAID officer I have known.
I notified my supervisors in writing of my medical condition on multiple occasions during April to June, and then on July 10, 2017 the opinion of my physicians that it was a result of the pneumonia I contracted while working for USAID in Afghanistan and India. USAID leadership and Executive Officers did not provide any guidance regarding my rights or benefits for what was presumed to be an occupational related illness. Instead, the response of USAID leadership and Executive Officers was what I felt was a threat of termination. I consulted a local attorney to apply for medical accommodation, and in August 2017 USAID Office of Civil Rights and Diversity granted me reasonable accommodation to work from my home in Mesa, AZ, and I continued to successfully work remotely. My disabled conditions are permanent, and USAID acknowledged my Schedule A disability in November 2019. On March 24, 2020, during my separation out brief, human resources advised me that an OWCP form CA-2 should have been submitted. I completed and submitted this on April 3, 2020.
I am 61 years old and due to my Schedule A disability my employment options are very limited. Based on the Presumption of Exposure, Defense Base Act and Office of Worker’s Compensation Programs, I believe I am eligible for remuneration for continued healthcare, as well as disability retirement as outlined in my Federal Employee Retirement System Personal Benefits Statement.
I would like to follow up to find out if this is a case you would be willing to take on and what my options are.
Thank you,
Monty Worthington
I was a contractor in Afghanistan, and I’ve had problems with breathing every since my first deployment to Kandahar in 2012, I’m under the dr.s care now are you dealing with burn pitt cases. Thank you, Kathy Graham