Defense Base Act Law Straight Talk: DBA Psychological Injuries and Personnel Decisions
Defense Base Act Law Straight Talk
If you are a seriously injured DBA worker - you need to know the truth about the DBA and your Defense Base Act claim. In this series of "Defense Base Act Law Straight Talk" articles, we give it to you straight. No double talk. No Attorney talk. Just good old fashioned, unsweetened, unvarnished, unabashed truth.
Defense Base Act Psychological Impairment
A psychological impairment, which is work related, is presumed to be covered under the Defense Base Act. Therefore, to receive the benefit of this presumption, you (read: a DBA claimant) must prove not only that you have a psychological impairment, but that an accident occurred, or working conditions existed, which could have caused your impairment.
Legitimate Personnel Decisions
The Courts have held psychological injuries arising from legitimate personnel decisions are not compensable under the DBA. However, this concerns legitimate personnel actions, and not employer conduct that is in any way hostile, vindictive, malicious, mean, insensitive, crude, or abusive.
Hostile, Vindictive, Malicious, Mean, Insensitive, Crude or Abusive Personnel Decisions
Whenever personnel decisions are hostile, vindictive, malicious, mean, insensitive, crude or abusive, then your (read: DBA worker) claim for psychological injuries will be covered under the Defense Base Act.
How This Plays Out In The Real World
Whenever a DBA worker claims psychological injuries that are not related to danger such as enemy fire, seeing severe injuries, death, fear of enemy fire/ death or the like, you can expect the DBA insurance company to say that you have no psychological injuries. That is almost always the DBA insurance company's first line of defense. The second line of defense is your injuries, if any, arose from "legitimate personnel decisions." Therefore, you (read: your lawyer) needs to marshal the evidence to prove your psychological injuries were due to the working conditions (read: danger due to enemy fire, IED's, suicide bombers, snipers, etc.). If that is not the case, then you need to be able to prove that any personnel decisions were, in fact, hostile, vindictive, malicious, mean, insensitive, crude or abusive,
Strength vs. Weakness
You can't be afraid to protect your rights. If you want to get what you are entitled to under the DBA - you have to be ready to take your case to court. You have to be prepared to win. Hoping for a good settlement is a fool's errand. You want to and need to negotiate from a position of strength. You don't do that unless you are prepared to win in court.
Most folks with psychological injuries, can't stand up and fight for their rights. That is what a good Defense Base Act lawyer can and will do for you.
Disclaimer
This Defense Base Act Law article is not legal advice. Your case, situation and/or circumstances may differ from those described here. If you are a seriously injured Defense Base Act worker, you should hire the best DBA Attorney you can find. Whenever you are bringing a court case, your credibility is always at issue. Always tell the truth.
About the Author
Bill Turley is America's Leading Defense Base Act Attorney. He was awarded Super Lawyer. Don't miss his Defense Base Act Law website ==> http://www.turleylawfirm.com/library/defense-base-act-law-what-injuries-are-covered-under-the-defense-base-act.cfm
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