All attorney’s fees and costs under the Defense Base Act (DBA) must be approved by the U.S. Department of Labor, Office of Workers’ Compensation Programs (OWCP) or Office of Administrative Law Judges (OALJ). The DBA is a “fee-shifting” statute meaning that the general rule that all parties are responsible for paying their own attorney is not in effect and the liability to pay fees and costs shifts to the other side.
This is good news for the injured worker because if benefits are obtained in the litigation process the Employer/Carrier becomes responsible for paying for fees and costs. Rest assured that our clients are never sent an invoice for attorney’s fees and costs to be paid out of their own pockets.
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