COVID-19 Claims under the Defense Base Act

Civilian employees working outside the United States on a U.S. military base or under a contract with the U.S. government for public works have faced unprecedented challenges during the COVID-19 pandemic. Thousands of workers contracted COVID-19 and lost income and benefits because of their illness. Typically, the Longshore & Harbor Workers’ Compensation cover workers who believe that they contracted COVID-19 at work. Many workers include longshore personnel, off-shore oil workers, and defense base contractors. In addition, civilian workers in every industry have felt the impact of the COVID-19 pandemic.

The Act requires claimants to provide evidence that they were diagnosed with COVID-19 and that the diagnosis is related to their work experience. Issues often arise because workers may have questions such as:

• What happens if I am diagnosed with COVID-19 while working abroad?
• What happens if I don’t know where I contacted COVID-19?
• Who will pay for health care for COVID-19 treatment?
• Do I need to go on medical leave?

The answers to these questions hinge on the unique facts and circumstances of the worker’s injuries or illness. However, generally, coverage for COVID-19 benefits begins as soon as the illness requires medical treatment or testing. However, coverage only applies if the claimant proves that their illness is a compensable work-related illness. Coverage begins only when the insurer accepts the claimant’s evidence.

It is important to note that the Defense Base Act (DBA) covers illnesses caused by the COVID-19 virus. Typically, if a civilian defense employee contracts COVID while on deployment, their employer’s DBA coverage should cover them. However, workers who begin to exhibit symptoms must seek medical assistance as soon as possible. In some cases, civilian workers who become severely ill will be sent home on leave.

Despite coverage, workers, their employers, and insurance companies are experiencing challenges in navigating these claims. Some steps workers can take to preserve their DBA rights include the following:

• Promptly reporting any accidents, injuries, or illnesses to supervisors;
• Keeping up with medical appointments and treatment courses;
• Requesting medical documents;
• Contact a skilled DBA attorney; and
• Providing all relevant information in accident reports and claim applications.

An experienced attorney can help civilian workers understand their rights and remedies under the DBA.

Contact an Experienced DBA Attorney for Assistance with Your Claim

If you or someone you know has contracted COVID-19 while working as a civilian military contractor, contact the DBA attorneys at Friedman Rodman & Frank. The DBA attorneys at our office fight for workers’ rights who have suffered injuries or illnesses overseas in areas such as Iraq, Afghanistan, and many other parts of the world. DBA claims encompass many complex areas of the law, especially cases involving COVID-19. The lawyers on our team have a comprehensive understanding of DBA claims and provide clients with top-notch advice and representation in their claims. In addition to DBA claims, our office handles cases under the Jones Act and Longshore Act. Contact our team at 877-448-8585 to schedule a free initial consultation with a Defense Base Act lawyer.