Where Does a DBA Claim Start?
DBA claims are administered by the Department of Labor, Office of Workers Compensation Programs (OWCP), Division of Longshore and Harbor Workers Compensation (DLHWC). They do not go through state workers compensation boards or federal district courts initially.
What Forms Are Required to Initiate a DBA Claim?
Three forms drive the initial claims process. The LS-201 is the employer first report of injury, required within 10 days. The LS-203 is the employee claim for compensation and your primary filing. It requires injury details, employer name, and insurance carrier name. The LS-202 is the employer supplementary report. Filing can be done electronically or by mail to OWCP district offices in Jacksonville, New York, San Francisco, or Washington, D.C.
What Are the Critical Deadlines in a DBA Claim?
Section 912 of the LHWCA requires written notice of injury to the employer within 30 days. Section 913 sets a two-year statute of limitations from the date of injury or awareness of the work-related nature of the condition. BRB decisions in ClaimTrove show late-filed claims are among the most commonly litigated procedural issues across 5,022 OALJ rulings.
What Happens After the Claim Is Filed with OWCP?
OWCP assigns the case to a claims examiner. The carrier must begin paying compensation or file a notice of controversion within 14 days. The district director can recommend settlement through a Section 8(i) agreement. If informal resolution fails, either party can request a formal hearing before an Administrative Law Judge at OALJ.
How Do Disputed Claims Move Through the OALJ System?
The ALJ issues a decision addressing coverage, causation, disability rating, average weekly wage, and benefits calculation. Either party can appeal to the Benefits Review Board (BRB), then to the U.S. Circuit Court of Appeals. ClaimTrove tracks 244 federal circuit court opinions related to DBA and LHWCA cases.
What Are the Most Common Reasons DBA Claims Are Denied?
Coverage disputes rank first. Causation disputes rank second, particularly for occupational diseases and PTSD. Maximum medical improvement disputes and average weekly wage calculations generate additional contested issues. For overseas DBA workers with complex compensation packages, whether hazard pay and per diem count toward AWW affects lifetime benefit amounts.
How Can You Strengthen Your Client DBA Claim from Day One?
Start with carrier identification using ClaimTrove to search 18 federal data sources simultaneously. Gather deployment records early. Secure continuous medical evidence. Document the subcontractor chain. Set realistic timelines with your client.