07/14/2021
The Defense Base Act (DBA) is very friendly to injured workers. As one court put it, "The hallmark of this statute is hospitality to the claimant." (The "claimant" is the worker who was injured as a result of his or her job.) One of the most favorable things in the DBA is that the time for filing claims does not begin to run until the injured worker is aware of the "full character, extent, and impact" of the injury, and its effect on ability to work. Psychological injury claims like PTSD or depression often are hard for people to realize until sometimes many years after they were exposed to war hazards or other trauma.
Combine the "full character, extent, and impact" standard with the law's presumption that a claim was filed on time, and suddenly claims that at first seem to be years in the past can be pursued even now. Things are hard enough for people who have been injured by war zone hazards and trauma, but the DBA does offer at least the possibility of a partial remedy, including medical care.
And maybe best of all, there is no time limit for filing claims for medical treatment under the DBA.