Understanding Longshore and Defense Base Act Claims for Overseas Workers

For workers employed on U.S. government contracts abroad, injuries on the job can have devastating consequences. The Defense Base Act (DBA) and Longshore and Harbor Workers’ Compensation Act (LHWCA) provide critical protections to ensure injured employees receive the compensation they need. If you’ve been injured while working overseas, understanding the differences between these two laws and how they apply to your situation is key to securing the benefits you deserve.

What is the Defense Base Act?

The Defense Base Act is an extension of the LHWCA that specifically covers civilian employees working on U.S. military bases or under government contracts overseas. This includes employees supporting U.S. military operations, construction workers on overseas projects, and individuals working in foreign countries for U.S. agencies.

If you are injured while working under these contracts, the DBA compensates for medical treatment, lost wages, and disability. The DBA also extends coverage to illnesses and mental health conditions related to your employment, such as post-traumatic stress disorder (PTSD).

What is the Longshore and Harbor Workers’ Compensation Act?

The LHWCA is a federal law that compensates for injuries sustained by employees working in maritime industries, including longshore workers, harbor workers, and shipbuilders. While the LHWCA primarily applies to employees working in the United States, the DBA extends its protections to civilians working overseas under U.S. government contracts.

Both laws provide similar benefits, including medical coverage, compensation for lost wages, and disability payments. However, the DBA applies to workers employed on foreign soil or military bases, while the LHWCA applies to maritime workers in domestic settings.

Examples of Common Claims Under the DBA and LHWCA

There are many scenarios in which employees working under the Defense Base Act (DBA) or Longshore and Harbor Workers’ Compensation Act (LHWCA) can file compensation claims after suffering workplace injuries.

Construction site accidents on u.s. military bases. A civilian employee working on a U.S. military base overseas is injured after falling from scaffolding. The worker sustains severe back and leg injuries, requiring surgery and months of rehabilitation. Under the DBA, this employee can file a claim for compensation covering medical expenses, lost wages during recovery, and any long-term disability.

PTSD following deployment in a war zone. A contractor working in a conflict zone experiences severe trauma after witnessing multiple attacks on their base. The employee begins to suffer from symptoms of post-traumatic stress disorder (PTSD), which impacts their ability to work. The DBA covers mental health conditions related to work, so the worker can file a claim to receive compensation for therapy, counseling, and lost wages.

Maritime injuries for dockworkers and shipbuilders. A shipbuilder working in a U.S. port sustains a crushing injury when a piece of heavy machinery malfunctions, resulting in the loss of a limb. This worker can file a claim under the LHWCA to cover extensive medical treatment, rehabilitation, and future lost wages due to their disability.

Exposure to hazardous materials. A worker employed at a chemical plant overseas under a U.S. government contract is exposed to dangerous materials and develops a long-term illness, such as cancer. Under the DBA, the worker can pursue compensation for medical treatment, lost income, and other related costs.

These examples highlight the variety of injuries and illnesses covered under the DBA and LHWCA, ranging from physical injuries on the job to mental health conditions and exposure to dangerous substances. Both laws ensure that employees receive the financial support they need to recover from work-related incidents, regardless of the specific circumstances of their injury. By filing a timely claim, workers can secure compensation to cover the costs of medical care, rehabilitation, and lost wages.

Filing a Claim Under the DBA or LHWCA

The process for filing a claim under the DBA or LHWCA follows similar steps. After sustaining an injury, you should report the incident to your employer as soon as possible and seek medical attention. Documentation of your injury is critical to the success of your claim, so be sure to obtain detailed medical records and statements from any witnesses.

You will then need to file a written claim with the Department of Labor, which oversees both the DBA and LHWCA claims processes. It’s important to file your claim within one year of your injury or illness to ensure that you are eligible for compensation.

Do You Need Help with Your Defense Base Act Claim?

If you are considering filing a Defense Base Act claim, let the attorneys at Friedman Rodman & Frank fight to help you recover the compensation you deserve. Our experienced attorneys have successfully represented injured workers at every stage of their claims, ensuring that they obtain the compensation that they deserve. If you have questions about your case, call us today at 877-448-8585 and schedule a free and no-obligation initial consultation with a DBA lawyer.