Do You Need to Be a U.S. Citizen to Qualify for DBA Benefits?

The United States military maintains bases, embassies, and other installations in many parts of the world. In addition to U.S. military personnel and U.S. civilian contractors, these bases also employ foreign workers. According to the Department of Labor (DOL), qualifying employers must acquire Defense Base Act coverage for foreign nationals.

Coverage Under the DBA

Federal law requires all U.S. government contractors and subcontractors to obtain workers’ compensation insurance for their workers working abroad. The DOL, Office of Workers’ Compensation, and Division of Longshore and Harbor Workers’ Compensation administer s the DBA. These entities ensure that employers are meeting their obligations and employees secure the compensation the law entitles.

The DBA covers various employment activities for those working on the following:

• Private employers on lands used by the U.S. for military purposes;
• Public work contracts for any U.S. government agency;
• Contracts approved or funded by the U.S. under the Foreign Assistance Act; and
• American employers providing social services abroad for the benefit of the Armed Forces.

The DBA applies to any worker engaged in the above employment activities, regardless of nationality. Accordingly, employers must obtain insurance coverage for employees working abroad under a U.S. government contract. This includes host country nationals, commonly called “local hires.”

Congress and the U.S. Court of Appeals for the Ninth Circuit have acknowledged that employment in some regions of the world is inherently dangerous, and employees, regardless of nationality, should benefit from DBA coverage.

Can Employers Waive DBA Coverage?

Dangerous working conditions pose a serious risk of injury to workers, regardless of their nationality. However, despite this knowledge, many employers apply for a waiver of DBA coverage. Employers can request a waiver of coverage for their foreign national employees through the Secretary of Labor. However, the Secretary will only grant the waiver if the foreign national employee has another form of workers’ compensation coverage under the applicable law. Waivers are ineffective if the local jurisdiction does not have relevant workers’ compensation coverage. In these instances, foreign employees working under a U.S. contract will benefit from DBA coverage.

Currently, there are 44 countries with active DBA waivers in effect. Six of the following countries have DBA waivers with upcoming expiration dates:

• Germany,
• Belgium,
• Italy,
• Austria,
• Russia, and
• The Netherlands.

These countries have waivers that will expire within six months, absent a request for a renewal.

Speak with an Experienced DBA Claims Attorney Today

Civilian employees who suffered injuries or developed an illness while working outside the United States on a military base or under a contract with the U.S. government should consult an experienced Defense Base Act attorney at Friedman, Rodman & Frank. The DBA claims lawyer on our team represents injured workers during all aspects of the claims process. The lawyers at Friedman, Rodman & Frank comprehensively understand the complex substantive, evidentiary, and procedural rules that govern DBA claims. We have secured significant sums of compensation on behalf of our clients. Contact our office at 877-448-8585 to schedule a free initial consultation with a DBA claims attorney.