Filing a Defense Base Act Claim

The Defense Base Act (DBA) is a federal workers’ compensation program for U.S. government contractors working overseas. It is critical that overseas contractors understand the Act, as courts have clarified that the DBA is the sole remedy for workers falling within the scope of the DBA.

Covered Employees under the DBA

The DBA applies to qualify civilian employees working outside the U.S. on U.S. military bases or under contract with the U.S government for public works or defense. Further, coverage extends to subcontractors employed by a contractor performing work under the DBA. The DBA applies to all paid workers, regardless of citizenship or nationality.

However, typically the DBA does not apply to (1) employees who are subject to the Federal Employees’ Compensation Act; (2) employees engaged in agriculture work, domestic service, or casual employment.

Filing a DBA Claim

Qualifying employees must take prompt action to secure benefits and compensation under the DBA. Steps include:

• Obtaining Medical Treatment: Medical treatment is necessary to receive a diagnosis, establish a date of onset, and document severity and potential length of recovery.
• Reporting Injuries or Illnesses to the applicable Employer: Injured workers should notify their employer, in writing, about the incident, injury, or illness.
• Contacting an Attorney: A DBA lawyer can gather the relevant documents and prepare a compelling case for a timely recovery.

An attorney can help claimants at every stage of the DBA claims. Additionally, an experienced lawyer can help appeal denials or delayed claims.

Benefits Under DBA

Successful DBA claimants can obtain several types of assistance, including:

• Medical treatment,
• Compensation for medical treatment and services,
• Compensation for partial or permanent disability, and
• Death benefits to qualifying survivors.

While there are no minimum compensation rates, there might be some caps depending on the worker’s pay scale. Additionally, there may be additional coverage for situations involving kidnap, ransom, and extortion.

DBA Claim Denials

In some cases, an insurance company may deny a DBA claim. Denials may occur if the insurance company does not find the injury work-related or concludes that the injury is minor and, therefore, non-compensable. In these situations, an attorney can help workers appeal their denial.

An attorney can gather documentation to support and bolster a claim for benefits. Further, a lawyer can ensure that the claimant obtains appropriate compensation for their losses.

Experienced Defense Base Act Attorneys Helping Injured Contractors Obtain Compensation for Their Injuries

If you or someone you know was injured while working overseas as a contractor supporting the U.S. military or government, contact the attorneys at Friedman, Rodman, & Frank. The DBA attorneys at our law firm have extensive experience successfully pursuing claims on behalf of injured workers. The firm handles DBA claims involving acute physical injuries, psychological conditions, and long-term disability. In addition to DBA claims, the firm represents clients under the Longshore Act and Jones Act. Further, those who suffered injuries related to Camp Lejune should contact our office to discuss compensation related to contaminated water consumption. Contact our office at 877-448-8585 to schedule a free initial consultation with an attorney on our team.