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San Diego Defense Base Act Tips

 
  • It is very important for you to notify your Employer as soon as possible about the injury. You must notify your Employer that both an accident occurred AND that you require medical treatment. Otherwise, the Employer might be determined to have no notice of your injury, and by excused from providing medical treatment and indemnity payments. For example, your Employer might have knowledge that a mortar attack happened on a particular day, but the Employer might not know that you were injured as a result of that attack. Generally, the deadline for reporting an accident is 30 days, with certain exceptions. 
  • Please seek prompt medical attention as soon as possible. Remember that you can freely choose your own physician. You are not restricted to choosing physicians from a list of doctors provided by the Employer or their insurance company. Many times employees are offered a list of physicians to choose from. You are not required to select a doctor from a pre-established list.

  • Report all medical problems you are experiencing even though your primary injury requires the most medical treatment. For example, if you fracture your arm in an accident, do not forget to report any neck or back pain.

  • Psychiatric (mental) problems are often reported in Defense Base Act cases. These psychiatric conditions include depression, anxiety and post-traumatic stress disorder. These conditions are nothing to be ashamed of. Psychiatric experts almost universally agree that the development of PTSD has nothing to do with one’s stamina or courage. Instead, PTSD is triggered in the brain after the result of a the workplace danger or trauma. Fortunately, PTSD and other psychiatric conditions are fully treatable. Although Employers will not explicitly tell you, your Employer probably has experience with other workers who have filed these claims, often successfully. 

  • It is very important to report these psychiatric injuries, and not just the physical ones. Sometimes treating depression and anxiety is necessary to fully recover from one’s physical conditions. 

  • Let a licensed professional determine whether you have a psychological injury. Going it alone without help may result in delayed or denied benefits, if later on it becomes apparent that you have an emotional problem. 

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