COVID-19 Claims under the Defense Base Act

Government workers and contractors often operate under unique and challenging working environments. In certain instances, these working conditions may expose them to dangers, diseases, and illnesses that other workers do not frequently encounter. In the context of COVID-19, workers may experience barriers to treatment. While the Defense Base Act provides workers’ compensation for government contractors working overseas, the ever-evolving COVID-19 crisis has created additional concerns for many workers.

Generally, under the DBA, employers are responsible for medical and death benefits to their employees following an injury or death. Further, surviving family members may sue an employer under tort law for failing to abide by the DBA’s regulations. Finally, employers who are not in compliance may face misdemeanor fines and punishments.

While COVID-19 infections seem to be waning and less severe, this is not necessarily the case for everyone who suffers exposure. As such, those who begin to show symptoms of COVID while overseas should consult with a base medic as soon as possible. Workers should not assume blanket coverage; however, generally, the DBA covers those infected with COVID. In some cases, a worker may take a medical leave of absence (MLOA).

The DBA insurance coverage includes benefits similar to workers’ compensation insurance. The Act covers certain medical expenses and disability and death benefits. While the coverage applies to incidents that occur during the course of employment, it does not have to be during work hours. This is especially critical in cases involving a COVID-19 infection because, in many circumstances, it may be impossible to trace the exact incident that led to an infection.

If someone experiences a total disability, they receive two-thirds of their typical weekly earnings. However, a maximum cap limit exists at $1030.78/week. In addition, the DBA provides partial disability compensation. Moreover, family members can secure death benefits at 50% of the worker’s average weekly earnings. Under the Act, “surviving family members” refers to spouses and children.

Even though the pandemic is nearing two years, the law surrounding COVID-19 is unclear, and there is limited case law to support these claims. As such, claimants should contact an attorney to discuss rights and remedies. Moreover, if a worker receives a denial, an attorney can assist with appeals and other avenues to relief.

COVID-19 DBA Claims

If you have experienced a COVID-19 infection or other illness while working as a government contractor, contact the DBA attorneys at Friedman Rodman & Frank. The lawyers at our office have extensive experience successfully fighting for compensation for injured overseas workers. In addition to Defense Base Act claims, our lawyers represent clients in cases involving the Longshore & Harbor Worker’s Compensation Act and the Jones Act. The firm handles claims for those working overseas in Iraq, Afghanistan, Japan, Cuba, Guam, Kuwait and other locations. Our lawyers provide clients with personalized attention and individualized case strategies to allow them to make informed decisions about their claims. Contact our office at 877-448-8585 to schedule a free initial consultation with a DBA attorney on our team.