Reporting Injuries and Filing DBA Claims
Two OWCP district offices have primary responsibility for injuries arising under the Defense Base Act: the New York district office and the Honolulu district office.
The employer should notify its insurance carrier, or if it is self-insured the claims administrator, as soon as it has knowledge of an injury. Medical treatment if needed should be authorized immediately. An Employer’s First Report of Injury, Form LS-202, must be filed with the OWCP district office having jurisdiction within 10 days of the injury, if it causes loss of one or more work shifts. The Form LS-202 may be filed electronically. For information and instructions, go to http://www.dol.gov/owcp/dlhwc/lsforms.htm
Additional forms and notices, as well as medical reports, should be filed with the OWCP as regulations require.
A written claim for benefits must be filed in the office of the OWCP district director within one year of the injury or within one year from the last payment of compensation, whichever is later.
The OWCP district office monitors the payment of compensation and medical care to ensure compliance with the provisions of the Act. Its staff provides technical assistance to employers, insurance carriers, and benefit claimants for the prompt delivery of benefits. In case of claims disputes, OWCP claims examiners conduct informal conferences to help the parties resolve their disputes by way of mutual agreement or compromise without formal litigation. The district director has authority to approve settlements and issue compensation awards in undisputed claims.
If the parties are unable to resolve their disputes informally, they may request the referral of the claim to the Office of Administrative Law Judges for formal hearing. Decisions of the administrative law judge are appealable to the Benefits Review Board, and thereafter to the U.S. District Court or to the U.S. Court of Appeals.
This information herein is intended as general information only. Reference: Explaining Defense Base Act (DBA) Insurance.pdf published by: U.S. Department of Labor US Department of Labor Office of Workers’ Compensation Programs 200 Constitution Avenue NW, C-4315 Washington, DC 20210
A person should consult with a insurance agent/professional for more information regarding Defense Base Act and his or her own risk and insurance needs before making any insurance decision.