While civilian worker compensation slightly increased (4.2%) this year, work-related injuries remain a major concern, especially for high-risk jobs.
Traumatic brain injuries (TBIs) are a serious consequence of workplace accidents, leaving victims with long-term health problems and financial burdens. It’s particularly true for employees covered by the Defense Base Act (DBA), who often face jobs with a higher risk of head injuries from explosions or falls.
Compensation covers your medical/treatment costs and lost wages and provides some financial security. But what is the average settlement for traumatic brain injury cases under the DBA? In this guide, we’ll cover that and provide insightful tips on maximizing your compensation and understanding your rights.
Average Settlement for Traumatic Brain Injury Claims and Variations
The Defense Base Act (DBA) helps cover employees who get hurt or lose their lives on the job, no matter the time of day. If you’re completely unable to work anymore (totally disabled), you’ll get two-thirds of your average weekly pay, but there’s a limit (maximum) set each year. The amount can also be adjusted if your disability is only partial.
If a loved one covered by DBA dies on the job, their spouse or one child can get half their average weekly pay. Two or more kids can get two-thirds, again with a yearly maximum. These DBA injury compensation payments can last a lifetime and increase with living costs.
The cost of compensating injured workers covered by the DBA has steadily risen over the past few years. In fiscal year 2024 alone, there was a 5% increase. In particular, the average weekly wage used to calculate benefits went up to $963.29.
There’s also a maximum amount someone can receive each week. In particular, it was $1,926.58 in 2024, with a minimum of $481.65. It’s important to note that this maximum benefit only became a factor in death cases after 1984 due to changes in a related law.
Before 1984, there wasn’t a limit on how much money families could receive if a DBA worker died on the job. The limit changed with updates to the Longshore and Harbor Workers’ Compensation Act. After September 1984, a maximum benefit was introduced for death cases, meaning there’s now a cap (5%) on how much money families can get.
Beyond the Average: Factors Affecting Your Specific DBA TBI Settlement
The average traumatic brain injury payout gives you a general idea, but there’s more to it. Several factors can influence how much you might receive in your specific DBA claim. Here are three key things to consider:
The Severity and Type of Injury
How badly were you hurt, and how will it affect your ability to work? Permanent disabilities typically lead to higher settlements than temporary ones. The settlement can also account for ongoing medical care you may need.
A traumatic brain injury (TBI) is a serious head injury that affects the normal functioning of the brain. It can happen from a blow to the head, a jolt that moves the brain inside the skull, or something penetrating the head, like a bullet. TBIs can cause different problems, depending on the severity of the injury.
Some people experience mild symptoms like headaches and dizziness that go away within a few days. Others face more serious problems like memory loss, difficulty concentrating, mood swings, or even seizures. In the worst cases, TBIs can lead to coma or even death.
Your Average Weekly Earnings Before Injury
This number is used to calculate your compensation rate under the DBA. That’s how much you typically made each week before you got hurt. The DBA provides two-thirds of this amount for total disability, with adjustments for partial disability.
Your average weekly earnings before your injury reflects your lost earning potential. Think of it like this: the DBA wants to replace a portion of the income you used to bring in each week. The settlement amounts DBA can help cover your expenses while you recover or adjust to your new limitations after a serious injury.
Your Nationality and Residency Status
These aspects can be complicated in the DBA claim process. The rules might differ if you’re not a U.S. citizen or resident. In some cases, benefits might be paid in lump sums instead of ongoing payments.
The lump sum is typically half of the total future compensation you would have received. As such, non-U.S. citizens or residents might receive a different total settlement amount than U.S. citizens or residents. But why is this the case?
Your nationality and residency status are crucial for compensation because the law wants to ensure the efficient use of resources. Lump sum payment payments for non-citizens simplify the process and reduce administrative costs. They represent the value of future compensation you would have received.
Building a Strong DBA TBI Claim: Evidence and Documentation
A strong DBA TBI claim requires solid evidence to prove your type of injury and its connection to your work. The evidence includes medical records documenting the TBI, witness statements supporting how the injury happened at work, and proof of your pre-injury earnings. The claim also depends on the talks between your lawyer and the insurance carrier representing your employer.
Negotiating for fair compensation in a DBA case requires knowledge of the law and strong negotiation skills. While certain factors affect the settlement amount, legal complexities might arise. As such, brain injury legal help can be invaluable.
An experienced attorney offers peace of mind through the claims process. They’ll help you gather evidence and negotiate on your behalf under the DBA. So, feel free to contact one if you need clarification on your rights or feel overwhelmed by the complexities of your DBA claim.
Speak With a Skilled Attorney Today
While knowing the average settlement for traumatic brain injury helps, there’s more to getting the money you deserve. This article covered tips for understanding your compensation and rights under the DBA. And since DBA claims can be tricky, consider talking to a lawyer to navigate the process legally.
Has a serious head injury at work under the DBA left you struggling? Our skilled DBA lawyers have a proven track record of helping injured workers worldwide. Get a free consultation today to see how we can fight for the compensation you need to recover.