If you developed an illness after working overseas for a U.S. government contractor, proving that your condition relates to your employment may be difficult. Symptoms can appear gradually and an insurer may also question whether the harmful exposure occurred during covered work. A South Carolina Defense Base Act claim for occupational disease can provide benefits if you establish the required connection.
Defense Base Act (DBA) coverage depends in part on the nature of the overseas assignment. Our attorneys at Schechter, Shaffer & Harris could examine whether your employment falls within the law and assess the support for your claim. We could also help address challenges that an employer or insurance carrier raises.
Coverage for Occupational Illnesses Under the DBA
The DBA applies protections from the Longshore and Harbor Workers’ Compensation Act to certain civilian employees working abroad on military installations or qualifying federal contracts. It does not limit coverage to injuries caused by a sudden accident. Occupational diseases may also qualify when they arise from conditions of covered employment. Depending on the work you performed, a DBA occupational disease claim in South Carolina may involve:
- Respiratory conditions
- Hearing loss
- Illnesses caused by toxic substances
- Infectious diseases
- Repetitive trauma
- Other conditions associated with workplace exposure
Whether a particular illness falls within the DBA depends on the circumstances of your employment and the nature of the condition.
What Evidence Could Strengthen an Occupational Disease Claim?
Unlike an accident that stems from a specific event, an occupational disease claim may require evidence showing what conditions existed over the course of your assignment. Strong documentation could help establish both the extent of the exposure and its relationship to the diagnosed condition. Useful evidence may include:
- Medical records documenting the diagnosis and symptoms
- Employment records showing the type and duration of overseas work
- Information about chemicals, dust, noise, infectious agents, or other hazards
- Statements from coworkers or supervisors familiar with the conditions
- Medical opinions addressing the cause of the illness
In a Defense Base Act case involving an occupational illness for a South Carolina resident, an insurer may argue that your condition resulted from another source or was unrelated to covered employment. We could evaluate the available evidence and address weaknesses that may affect causation.
Filing Deadlines for Delayed-Onset Occupational Diseases
The timing rules for occupational disease claims differ from those involving immediately disabling injuries. Under Longshore and Harbor Workers’ Compensation Act 33 U.S.C. § 913, a claim involving an occupational disease that does not immediately cause disability or death is generally considered timely when the worker or claimant files it within two years after they knew, or reasonably should have known, of the relationship between the employment, the disease, and the resulting disability or death.
Separate Defense Base Act notice requirements also apply to occupational disease claims. Under 33 U.S.C. § 912, the worker or claimant generally must provide notice within one year after they become aware, or reasonably should have become aware, of the connection between the employment, disease, and disability or death.
These deadlines may depend on when that connection became reasonably apparent, so determining the awareness date is key to evaluating whether a claim was timely.
Contact Us for Help With a South Carolina DBA Occupational Illness Claim
Questions about coverage or filing requirements can make these cases difficult to assess without legal guidance. If you are pursuing a South Carolina Defense Base Act claim for occupational disease, we could help determine what may affect your eligibility for benefits.
Our attorneys at Schechter, Shaffer & Harris could evaluate the circumstances surrounding your diagnosis and covered employment. Speak with our team today to learn what options may be available to you under the DAB.
