Importance of the Defense Base Act for Private Military Contractors

Private security contractors typically work as independent contractors for “private military companies” (“PMCs”). The Defense Base Act (“DBA”) provides significant benefits to injured contractors and death benefits to their qualifying survivors. However, following the death of four military contractors in Fallujah, many critics have argued that the DBA’s exclusive remedies are insufficient. Much analysis has revolved around the DBA’s issues, but little research has addressed the lack of accountability for PMC misconduct.

The lack of mandatory certification leaves the industry open to incompetent companies that employ unqualified contractors unprepared for combat zone pressures. These contractors are more likely to lose control and cause casualties or hurt or kill themselves. Despite the controversy around the DBA, the Act remains one of the best responses to a complex problem, and many of the issues stem from its compensation infrastructure and misconduct.

The demand for private security services continues to outweigh the supply of competent PMCs. PMCs are used extensively, and insurers have limited data to set reasonable rates for recovery accurately. However, notwithstanding its issues, the DBA’s no-fault system is superior to the tort-based system for providing efficient payment to injured contractors. Particularly in light of the substantial legal and practical challenges that personal injury suits pose.

Thus, maintaining the DBA in its current state is the best viable option for compensating injured workers. However, a minimum competence-based certification for PMCs could help reduce the pressure on the Act’s payment mechanism and ensure the safety of the workers it protects and the civilians of hosting nations.

The DBA provides disability, medical, and death benefits to qualifying, covered employees killed or injured during employment. The benefits are available regardless of whether or not the injury or fatality occurred during set working hours. Currently, the compensation for total disability is two-thirds of the worker’s average weekly earnings. However, the current maximum caps recovery at $1,030.78 per week. The Act also provides compensation for partial loss of income. Moreover, death benefits are compensated at half the workers’ average weekly earnings to the surviving spouse or child and two-thirds for two or more survivors.

DBA claimants often face challenges when attempting to collect their rightly owed benefits. An attorney is critical to ensuring that injured contractors secure compensation efficiently.

Have You Suffered Injuries While Working as a Government Contractor?

If you or someone you know has suffered injuries or died while working abroad as a government contractor, contact the DBA attorneys at Friedman Rodman & Frank, P.A. The lawyers at our office handle complex claims under the DBA, Longshore Workers Act, and other similar workers’ compensation claims. We have secured significant amounts of compensation for our clients and their families. Contact our office at 877-448-8585 to schedule a free initial consultation with an experienced attorney on our team.