How Defense Base Act Claims Differ from Workers’ Comp Claims in the U.S.

Date22 Apr 2025

If you’ve been injured while working overseas under a U.S. government contract, you might assume your claim falls under standard workers’ compensation rules. But in reality, your case is likely governed by the Defense Base Act (DBA)—a unique federal law that provides benefits to civilian employees injured while supporting U.S. operations abroad.

While the DBA shares some similarities with domestic workers’ comp laws, there are also critical differences. At Friedman Rodman & Frank, we help injured overseas contractors understand their rights and navigate the DBA claims process effectively.

Who the DBA Covers (vs. State Workers’ Comp)

Traditional workers’ compensation programs are state-based and typically cover employees who are injured while working within the U.S. Each state has its own rules, benefit levels, and administrative processes.

The Defense Base Act, on the other hand, covers:

Civilian contractors working on U.S. military bases overseas.
Employees working on public works contracts with U.S. government funding.
Workers supporting military operations, intelligence work, or foreign aid abroad.

So if your injury occurred in Iraq, Afghanistan, Ukraine, or anywhere outside U.S. borders while under a government contract, your case likely falls under the federal DBA system, not your home state’s workers’ comp program.

Benefits Under the DBA

DBA benefits are modeled on the Longshore and Harbor Workers’ Compensation Act (LHWCA) and generally include:

Medical care for work-related injuries or illnesses.
Wage replacement for temporary or permanent disabilities.
Vocational rehabilitation if you can’t return to your previous job.
Death benefits for surviving family members.

Unlike many state systems, DBA claims are not subject to caps or benefit ceilings that vary by location. This can result in more comprehensive support for injured workers and their families—if the claim is properly handled.

Jurisdiction and Legal Process

Under state workers’ comp, claims are usually handled by local agencies or courts. DBA claims, however, are processed through the U.S. Department of Labor, and disputes may be heard by Administrative Law Judges (ALJs).

This federal process involves:

Filing forms with the Office of Workers’ Compensation Programs (OWCP).
Attending formal hearings.
Potential appeals to the Benefits Review Board or federal courts.

Because the process is legalistic and highly regulated, having a lawyer with experience in federal DBA claims is crucial. Mistakes in procedure or timing can result in lost benefits.

Insurance Company Behavior

In both systems, employers’ insurance companies handle the claims—but DBA insurers are notorious for being aggressive. They may:

Deny valid claims.
Delay treatment or wage payments.
Demand IMEs that favor the insurer’s position.

Working with a seasoned DBA attorney can help counter these tactics and ensure your case is treated fairly.

Injured Abroad? You May Be Entitled to More Than You Think

If you’re an overseas contractor and you’ve been injured, don’t assume your state’s workers’ comp laws apply. The Defense Base Act offers broader protections—but also requires a different legal approach.

At Friedman Rodman & Frank, we focus on representing workers with DBA claims, helping them secure the full range of benefits available under federal law. Call us today at (305) 448-8585 for a free consultation and get the guidance you need to move forward with confidence.