Qualifying Employees Under the Defense Base Act

Congress enacted the Defense Base Act (“DBA”) to provide disability compensation benefits to a unique group of the American workforce, specifically, military contractors working abroad. According to a report from the Congressional Research Service, defense contractors accounted for over half of the total military force during The War on Terror. Before the DBA, military contractors who suffered injuries while contributing to the military found little relief in securing disability compensation benefits. Moreover, many of these workers could not file claims under the workers’ compensation statute in their home state.

While the DBA has undoubtedly brought significant positive change to many workers, these claims can pose challenges to claimants. Those who believe they have a DBA claim should contact an attorney to discuss their rights and remedies. Insurance companies may tell claimants that they are receiving maximum benefits; however, these companies often have their own financial interests at the forefront. Retaining an experienced DBA attorney can help claimants recover appropriate compensation efficiently.

Qualified Employees under the DBA

Under the DBA, compensation covers any private contractor or company employee doing public work on behalf of the U.S. military. Public works refer to those engaging in work to improve or modify structures designed for public use by the U.S. or its allies.

Commonly covered employees under the DBA include:

• Linguistics and Translators
• Truck and Machinery Drivers
• Security Escorts
• Security Specialists
• Canine Handlers
• Administrative Personnel
• Food Service Workers
• Weapons Instructors
• Mechanical Engineers and Mechanics
• Engineers
• Embassy Employees
• Aerostat Operators
• Certain NATO Workers
• USAID Workers
• Pilots
• U.S. State Department Workers
• Educators

The DBA also allows eligible family members to collect death benefits.

The DBA applies to all U.S. citizens, residents, nationals, and foreign workers, except:

• Those covered under the Federal Employees’ Compensation Act;
• Those involved in domestic agriculture or other causal or secondary work to their contract; or
• Captain or crew members of vessels

It is also important to note that work performed pursuant to a grant is not covered under the DBA. According to circuit court decisions, the distinction lies in that Congress enacted statutes to distinguish grants from contracts.

DBA claimants should notify their employer of their injury within 30 days. However, an attorney can provide claimants with more information regarding the exact steps to file a successful DBA claim.

Contact a Defense Base Act Claim Attorney Today

If you or your loved one has suffered injuries while working for the U.S. government overseas, contact the DBA attorneys at Friedman Rodman & Frank. The DBA compensation attorneys at our office fight for the rights of injured contractors. In addition to DBA claims, our firm handles claims falling under the Jones Act and Longshore Act. Our lawyers have secured compensation for civilian employees for injuries they suffered while working abroad. Compensation under the DBA includes payments for medical treatment, loss of earnings, disability compensation, death benefits, and vocational rehabilitation. Contact our office at 877-448-8585 to schedule a free initial consultation with an experienced DBA attorney on our team.