What Is the Difference Between Workers’ Compensation and the Defense Base Act?

Federal and state workers’ compensation programs provide coverage to employees who have sustained work-related injuries or illnesses. Defense Base Act coverage is a type of workers’ compensation coverage typically required for all public works contracts performed overseas unless the Secretary of the Department of Labor (DOL) grants a waiver. However, historically, the DOL does not apply waivers to citizens, legal U.S. residents, or employees hired in the United States.

Benefits Under Domestic Workers’ Compensation Programs

Under these programs qualifying employees can secure compensation for lost wages and permanent impairment. Generally, claimants can recover payments for reasonable and necessary medical treatment for their qualifying injury or disease. In addition, claimants may be entitled to vocational rehabilitation training and on-the-job services. Further, domestic workers’ compensation programs benefit dependents if a work-related injury or illness results in the employee’s death.

Benefits under Defense Base Act Insurance

The DBA is an extension of domestic workers’ compensation insurance. It provides workers’ compensation benefits to civilian employees working outside of the United States on U.S. military bases or under a public work or national defense contract with the U.S. government. Under the DBA covered, employees may secure benefits for their lost wages, medical expenses, medical evacuation, rehabilitation, death benefits, and treatment for endemic diseases in their area.

War Risk Hazards

In some cases, civilian employees working overseas incur serious or fatal injuries because of “war risk hazards.” The War Hazard Compensation Act (WHCA) is a subsection of the DBA. Under the provisions of the WHCA, qualifying government contractors may receive benefits resulting from injuries or death caused by war risks or terrorist activities. Some common examples of war risk hazards include the following:

• Weapon discharge,
• Actions by hostile forces, such as insurrections,
• Detonation of munitions for war,
• Crashes between vessels or aircraft operating without navigation aids, and
• Operation of vessels or aircraft in a hostile military zone.

Further, employees may be entitled to “capture and detention” benefits if they were taken by force as a hostage or prisoner while working under a DBA-qualifying contract.

While there are many similarities between DBA and domestic workers’ compensation programs, there are specific procedural differences. Adhering to these programs’ various procedural, substantive, and evidentiary requirements is crucial to a prompt and favorable outcome. A misstep at any stage can adversely affect a claimant’s right to compensation under either of these programs.

Do You Need Help with Your DBA Claim?

The Defense Base Act lawyers at Friedman Rodman & Frank have extensive experience handling complex DBA claims on behalf of injured workers. In addition to our active DBA practice, our firm handles claims involving Camp Lejeune and matters under the Longshore Act and Jones Act. We understand the complex interplay and distinctions between domestic workers’ compensation programs and the DBA workers’ compensation framework. Through our skills, experience, and knowledge, we have secured favorable and prompt outcomes for our clients. Contact our office at 877-448-8585 to schedule a free initial consultation with a DBA attorney on our team.