Frequently Asked Questions About the Defense Base Act

The Defense Base Act (“DBA”) is an extension of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). Under the DBA, many federal government contractors and subcontractors must provide workers’ compensation insurance for employees working outside of the United States. Although the DBA was created in 1941, many employers and employees face challenges understanding the provisions of the Act.

Administration of the DBA

The United States Department of Labor, Officer of Workers’ Compensation, Division of Longshore and Harbor Workers’ Compensation administers the DBA through various districts. The three districts that administer the DBA include Eastern District, Southern District, and Western District. The Southern District maintains suboffices in Jacksonville, Florida.

Coverage under the DBA

The DBA covers certain employment activities, including:

● Work for private employers on any land used by the U.S. outside of the country for military purposes;
● Work on public work contracts with any U.S. government agency;
● Work on contracts under the Foreign Assistance Act;
● Work for American employers providing welfare services outside of the country for the benefit of the armed services; and
● Any injury or death to any of these employees during transportation to or from their place of employment, in cases where the employer provides the transportation.

Public Work under the DBA

Under the DBA 42 U.S.C. § 1651, “public work” refers to any project or operation under service contracts related to national defense or war activities. The statute does limit public work to actual construction, and it refers to any improvement such as alteration, removal, and repair.

Available Benefits under the DBA

The Act provides medical and disability benefits to eligible employees who suffer injuries arising from employment or during the course of job responsibilities. Further, under the DBA, survivors of those killed in the course of employment are eligible for death benefits. Under the Act, compensation is two-thirds of the claimants’ average weekly earnings. Moreover, under the DBA, a surviving spouse or one child can receive one-half of the deceased’s average weekly earnings or two-thirds of the average weekly income for two or more eligible survivors. In addition, there is a provision for reasonable funeral and burial expenses up to $3,000.

Contact a Defense Base Act Attorney

If you have a Defense Base Act (“DBA”) claim contact the attorneys at Friedman Rodman & Frank. The attorneys at our firm have extensive experience successfully representing workers in DBA claims. In addition to DBA claims, our firm handles claims under the Jones Act and Longshore Act. Our attorneys can help you determine whether you are entitled to benefits under the DBA. We have secured various benefits on behalf of our clients, including, medical treatment, loss of earnings, disability compensation, death benefits, and vocational rehabilitation.