Calculating Benefits under the Defense Base Act

Those who worked overseas as a defense or civilian contractor for the United States government or under a government contract were likely exposed to hazards that many servicemembers encounter. However, unlike servicemembers, civilian contractors do not have access to VA disability benefits and VA care. The Defense Base Act (DBA) addresses this fundamental inequity by permitting these injured workers to secure disability, medical, and death benefits.

How Much is a DBA Claim Worth?

The amount an injured worker can expect to receive through DBA benefits depends on various factors. Some factors that impact the value of a DBA claim include the following:

• The severity of the worker’s injuries;
• The anticipated recovery time;
• Whether the employee can return to work after they hit their maximum recovery.
• Injured workers should speak with a DBA lawyer to ensure they receive maximum benefits promptly.

Benefits Available under the DBA

There are four main types of DBA benefits.

• Medical:
• Disability wage
• Vocational rehabilitation
• Death

DBA coverage is available regardless of the employer’s responsibility for the injury. Further, employers are required to maintain DBA coverage for all of their qualifying employees, including foreign nationals. Employers who fail to secure payment of compensation will be liable to their employees. Further, employers may incur fines and risk the loss of their contract.

Average Weekly Wage for DBA Settlements

Generally, compensation for total disability is two-thirds of the worker’s average weekly earnings up to the current maximum. In 2023, the current maximum is $1,833.98. Compensation is also available for partial loss of earnings. Death benefits are usually half of the worker’s average weekly earnings to a surviving spouse or one child and two-thirds for two or more survivors. Permanent disability and death benefits are subject to annual cost of living adjustments and can be payable for life.

Insurance providers often use a worker’s average weekly earnings as the basis for their settlement offer. However, these calculations are not always straightforward and may not address the full extent of the worker’s injuries. An attorney can work with their clients to determine an appropriate settlement. Then the lawyer can use that information to engage in settlement discussions with the relevant insurance company.

Further, injured workers should consult with an attorney to determine whether accepting a lump sum settlement is advisable. A lawyer can present their clients with the pros and cons of accepting a lump sum settlement offer from the insurance company.

Contact a Defense Base Act Settlement Attorney

If you or someone you know qualifies for workers’ compensation benefits under the DBA, contact the experienced attorneys at Friedman, Rodman & Frank. The DBA lawyers on our team have a long history of representing injured workers and securing favorable outcomes on their behalf. In addition to DBA matters, our office handles cases involving Camp Lejeune and those pursuing claims under the Jones Act and Longshore Act. We possess the knowledge, negotiation skills, and litigation prowess that these cases require. Contact the DBA lawyers at our office at 877-448-8585 to schedule a free initial consultation with an attorney on our team.