Defense Base Act Coverage and Benefits

The Defense Base Act (DBA) is a form of workers’ compensation that applies to civilian employees working outside of the United States on a U.S. military base or as a contractor with the U.S. government. DBA insurance provides compensation for injury, disability, or death for those operating or performing services with the U.S. government. Typically, DBA insurance is required for all public works contracts performed abroad. In some rare cases, the Department of Labor (DOL)may grant a waiver. However, the DOL’s general policy and practice do not allow the agency to grant waivers to legal residents or citizens of the U.S. or employees hired in the U.S. The DBA provides benefits to covered employees who were injured or killed in the course of employment, regardless of whether the incident occurred during work hours.

Benefits under the DBA

Compensation for total disability is two-thirds of the worker’s average weekly earnings. Those who experience partial loss of earnings may also obtain compensation. Death benefits are half the worker’s average weekly earnings to the surviving spouse or one child and two-thirds for additional survivors. Those that suffer permanent total disability or death benefits may be payable for life. These benefits are subject to cost of living adjustments. Moreover, the injured worker may secure medical benefits. The employee may use these benefits to obtain treatment from a qualified medical provider of their choice.

Finally, the DBA provides vocational rehabilitation services to injured workers. These benefits are available to those who are permanently disabled and unable to resume their work duties without assistance. However, these benefits are generally only available to those employees who reside in the United States.

Common Injuries Covered under the DBA

Generally, the DBA covers two broad categories of injuries: specific and general. Specific injuries include those that arise from a specific event or injuries to extremities or appendages. Some examples of specific injuries include traumatic brain injuries, amputations, broken bones, electrocution, and heart attack. Claimants must file specific injury claims within one year of the event.

General injuries are not associated with a specific event or damage to the head, shoulder, neck, torso, or hips. Some examples of general injuries include hearing loss, asthma, carpal tunnel syndrome, post-traumatic stress disorder, or cancer. Many general injuries manifest over time; claimants have more time to bring these claims. Typically, the deadline for general injury claims is 1-2 years of diagnosis with a qualifying injury.

Discuss Your Rights with A Defense Base Act Attorney

Military or civilian government contractors should contact an experienced Defense Base Act lawyer to discuss how they can recover compensation for their injuries or illnesses. The DBA lawyers at Friedman Rodman & Frank have a long history of providing excellent representation to workers injured overseas. Our firm handles claims for those who suffered injuries in places such as Iraq, Afghanistan, Japan, Qatar, and Guam. Our lawyers can help you navigate the complex DBA process and ensure you receive the compensation the law entitles. In addition to DBA claims, our office handles matters falling under the Jones Act, Longshore Act, and those involving Camp Lejeune. Contact our office at 877-448-8585 to schedule a free initial consultation with an attorney on our team.