What is Covered Under the Defense Base Act?

The Defense Base Act (DBA) is a federal law protecting civilian employees who work overseas in support of the American military. The law requires federal contractors to maintain DBA insurance coverage in order to supply workers’ compensation should a contractor get injured while working on the military base or property. The DBA is an extension of the Longshore and Harbor Workers’ Compensation Act (LHWCA) and applies to all American government contractors and subcontractors with workers overseas. With rare exceptions, the DBA applies the provisions of the LHWCA in effect for such workers.

When is DBA Coverage Required for Businesses?

Business owners contracting with the federal government are required to provide workers’ compensation benefits rising to the level of DVA requirements. Policies can be purchased through a variety of approved insurance companies, though businesses have the option to self-insure if approved by the U.S. Department of Labor. Businesses contracting with the federal government that does not comply with this requirement may experience severe penalties.

In particular, DBA requirements apply to (1) workers that are privately employed on American military bases or any land outside of the U.S. used for American military purposes, (2) contractors that are working on public work contracts with any American government agency to perform service or construction work connected with defense or war activities overseas, (3) workers that are employed on contracts under the Foreign Assistance Act where work is performed overseas, including but not limited to sales of equipment, materials, and services to U.S. allies, and (4) contractors that work for American employers to provide welfare, entertainment, or other such services for U.S. armed forces.

What is covered under the DBA?

The benefits that the DBA provides are the same as those provided by the LHWCA. Those benefits include (1) medical treatment and coverage of medical expenses after injury, (2) the right of the injured individual to choose their own doctor, (3) short-term, long-term, and permanent disability benefits for qualifying injured employees, (4) death benefits for family members of workers killed in the course of qualifying overseas employment.

What if an Employer Does Not Provide the Required DBA Coverage?

If a business with a federal contract does not provide an adequate level of DBA coverage, there are grounds for a legal dispute at the U.S. District Court or Appellate Court level.

Do You Need Help with Your Defense Base Act Claim?

If you or someone you love has or is considering filing a Defense Base Act claim, let the attorneys at Friedman Rodman & Frank fight to help you recover the damages you deserve. Expenses and injuries sustained on the job can quickly become overwhelming, and having an experienced roster of DBA attorneys by your side can make a world of difference in the compensation you receive. Our experienced attorneys have successfully represented injured workers at every stage of their claims, ensuring that they obtain the compensation that they deserve. With our team, you can have faith that your claim is being pursued properly. If you have questions about your case, call us today at 877-627-5116 and schedule a free and no-obligation initial consultation with a DBA lawyer.