DBA Lawyer Straight Talk
If you are a seriously injured Defense Base Act Worker - you need to know the facts of life. We give it too you straight. No sugar added. Just good old fashion truth. We will tell you the truth, even if that isn't what you want to hear. More importantly, the truth is what you need to hear. If you Google "DBA Lawyer Straight Talk" or "DBA Attorney Straight Talk" you will find dozens of great articles by a Defense Base Act Lawyer that will help you win your DBA case.
It's A Wage Loss Concept
When you are a Defense Base Act worker and you are seriously injured and unable to return to your previous DBA employment due to your injuries then you may be entitled to lifetime weekly compensation benefits under the Defense Base Act. If you have been following our previous articles, you know that for Unscheduled Injuries - the Defense Base Act uses a wage loss concept. Meaning, your weekly disability is determined by the difference between your DBA earnings and what you are able to earn now (read: post-injury) in the area where you live after considering your disability, age, education, training, etc.
This is a Two Part article. In these articles we explain why it is usually in your best interest to return to work before your Defense Base Act trial. Be sure to check out Part Two of this article, "DBA Attorney Straight Talk: Why Returning Back to Work Will Help You Win Your Defense Base Act Case."
The Practical Side
We usually advise our clients to live their life as if they did not have a Defense Base Act claim. What does this mean? It means that there are no certainties in life or in law. Or as Robert Hunter said, "Nothing's for certain. It can always go wrong." In other words, you can always lose your DBA case. Seriously. It can happen.
Which is only part of the what is going on here. In addition, Defense Base Act Judges see it all. In my view, these Judges are a tad conservative, by and large. Which is okay - so are most of our DBA clients, when you get down to it. These DBA Judges see their share of injured workers that think once they get injured they have hit the lottery and will never have to work again. While these folks may have legitimate injuries - - it might be a far stretch to suggest they can never work again. These workers may come off or at least give the impression they are lazy and/or trying to milk the system.
You don't want to be that guy or gal. So don't be. Even if you were very seriously injured, in most cases (but certainly not all cases); there is some type of gainful employment you can perform.
The DBA Wage Loss Concept In The Real World
Remember, we are talking about a wage loss concept. The way this usually plays out is the DBA insurance company will have a Labor Market Survey prepared showing all these jobs (in your geographic area) that you are allegedly able to perform and are available for you to perform. You need to immediately apply for each and every job in the Labor Market Survey. You need to carefully record and document your efforts to get these jobs. If you actually get one of these "jobs" - that is great. But chances are, you won't.
This article is not legal advice. I am simplistic in order to achieve clarity. Your case may differ than those described in this article. If you are a seriously Defense Base Act worker you need to hire the best DBA Lawyer that you can find. When you bring a Deense Base Act court case, your credibility is at issue. If the Judge doesn't believe you - you will lose your case. Always tell the truth. Always.
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Article Url: http://www.bharatbhasha.com/legal.php/414790
Article Added on Saturday, May 4, 2013
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