War Hazards and the Defense Base Act

The Longshore and Harbor Workers’ Compensation Act (“LHWCA”) provides compensation to qualifying employees of maritime employers. Like the Federal Employment Compensation Act, the Office of Workers’ Compensation administers the LHWCA. The Defense Base Act (“DBA”) is an extension of the LHWCA and provides disability and death benefits to U.S. government workers who are working overseas. Barring a few exceptions, the DBA incorporates most of the provisions of the LHWCA.

The DBA provides benefits for injuries and illnesses a person suffers while performing work overseas; however, the DBA does not explicitly address war hazards. For workers under the DBA, war hazards present a serious risk to a worker’s health and safety. The War Hazards Compensation Act (“WHCA”) may apply in these cases.

Eligibility Under the WHCA

The WHCA applies to eligible DBA workers who suffered injuries from hostile military actions. The WHCA generally covers federal contractors working overseas who are at risk for injury, death, or disability because of a war-risk hazard. Federal law requires U.S. government contractors and subcontractors to obtain workers’ compensation coverage for civilian employees who work abroad. The fundamental purpose of the WHCA is to shift the costs of workers’ compensation from contractors to the government.

Qualifying WHCA Hazards

“War-risk hazards” refer to any hazards that arise during an armed conflict between the U.S. and any other hostile force. It is important to note that an official declaration of war is not relevant in categorizing a war-risk hazard. The Act enumerates several acts that can give rise to a hazard:

• Missile discharge;
• Use of weapons, explosives, or toxic substances by adverse forces;
• Combating a perceived or actual attack;
• Hostile force actions without the use of a specific weapon;
• The explosion of munitions for use in conflict;
• Operation of vessels, aircraft, or vehicles in hostile zones.

Terrorist Activity Under the WHCA

The text of the WHCA does not address coverage for terrorist activity. However, recent decisions indicate that the Department of Labor determined that the Act covers injuries resulting from terrorist attacks.

The Interplay Between WHCA and DBA Benefits

Injury victims do not need to do anything differently if they believe they have a WHCA claim in addition to their DBA claim. However, it is advisable to notify an employer if the worker thinks the claim is applicable. Under the WHCA, the federal government will reimburse the employer after the claimant secures compensation through the DBA.

War-hazard reimbursement claims can be significant; however, they pose many challenges to claimants. An experienced DBA attorney can help claimants understand their rights and effectuate their remedies after an injury.

Contact a Defense Base Act Attorney for Assistance

If you have suffered an injury while working for the U.S. government overseas, contact Friedman Rodman & Frank P.A. The lawyers at our office have extensive experience successfully representing claimants for the injuries they suffered while working abroad. In addition to Defense Base Act claims, our attorneys handle claims under the Jones Act and Longshore Act. Compensation under these Acts can be lucrative but require a thorough understanding of complex federal laws. Contact our office at 877-448-8585 to schedule a free initial consultation with an attorney on our team.