If you developed an illness after working overseas for a U.S. government contractor, the link between your job and your health may not be obvious. Toxic substances and repeated on-the-job exposures can cause conditions that surface months or years after the work ends.
A Texas Defense Base Act claim for occupational disease may provide compensation when covered employment contributed to your illness. Because these cases often depend on medical evidence and a detailed exposure history, speaking with one of our attorneys at Schechter, Shaffer & Harris could help you understand whether the Defense Base Act applies.
Occupational Diseases Covered by the Defense Base Act
The Defense Base Act extends the Longshore and Harbor Workers’ Compensation Act to certain employees working outside the United States under qualifying federal contracts. Under 42 U.S.C. § 1651, covered employment can include work at overseas military bases and work performed under certain public works or national defense contracts.
An occupational disease does not require one sudden accident, as federal law recognizes illnesses that arise naturally from covered employment. A Texas Defense Base Act occupational disease claim may involve respiratory illness from chemical exposure or hearing loss from prolonged noise.
The central issue is whether you can sufficiently connect the disease to your covered employment. Medical records can establish the diagnosis, but the claim may also require evidence of where you worked and how long the exposure lasted.
When Does the Filing Deadline Start for an Occupational Disease?
Occupational disease claims follow a different filing rule from many sudden-injury Defense Base Act claims. Under 33 U.S.C. § 913(b)(2), you must generally file a claim for disability or death resulting from an occupational disease within two years after you become aware, or reasonably should have become aware, of the relationship between the disease and your employment.
That distinction matters when symptoms develop gradually or a physician does not identify the work-related cause until later. The deadline in a Texas Defense Base Act occupational disease claim can therefore depend on when you first connected your condition to your overseas work.
A delayed diagnosis does not mean you should delay seeking guidance. Disputes can arise over when you knew enough to connect your condition to your work, and early attention makes it easier to preserve employment records and medical documentation.
Why Defense Base Act Occupational Disease Claims Become Disputed
An insurer may challenge whether your condition is truly occupational or whether another medical cause is more likely. These questions become especially difficult when you worked for several contractors or at multiple locations. In Texas, an occupational disease case under the Defense Base Act often succeeds or fails on the strength of its causation evidence, which may include:
- Employment and contract records confirming covered overseas work
- Medical opinions addressing diagnosis and causation
- Exposure records and witness accounts
- Prior medical records showing when symptoms began
The goal is not simply to prove that you are ill. Your claim must connect the disease to covered employment and document the resulting disability. A careful legal review could identify where an insurer is likely to dispute that connection.
Call a Texas Defense Base Act Attorney To Discuss Your Occupational Disease Case
Occupational illnesses can leave you dealing with serious health problems long after your overseas assignment ends. You should not have to determine alone whether federal coverage applies or how the timing rules affect your rights.
Our team at Schechter, Shaffer & Harris could review your Texas Defense Base Act claim for occupational disease, explain the issues that may affect coverage, and help you move forward with clarity. Contact us to discuss the evidence available to support your claim.
