What Is the “Zone of Special Danger” Under the Defense Base Act?

The Department of Labor, Office of Workers’ Compensation Programs, administers the Defense Base Act (DBA). The DBA is a critical law for those working overseas. The program provides workers’ compensation benefits to civilian employees working abroad on a U.S. military base or under contract with the U.S. government. The Act applies to injuries and deaths that arise out of or in the course of employment. However, the terms “arises from” and “in the course of” are nebulous terms that often present challenges to those asserting protections under the DBA. An experienced DBA attorney can assist claimants in understanding and effectuating their benefits under the DBA.

Typically under workers’ compensation laws, benefits are only available to employees whose injuries occurred during the scope of employment. “Outside the scope” of employment refers to situations where the worker was not engaged in work activities at the time of the injury. However, certain exceptions to the coverage requirement include cases involving the “Zone of Special Danger.” Under the DBA, the Supreme Court permitted these benefits to address the fundamental harsh and hazardous conditions of overseas work. This doctrine extends coverage to certain injuries and deaths that occur outside of regularly assigned job duties or work hours. Essentially employees working in these conditions encounter an increased and unusual risk of harm; as such, the doctrine provides that if a worker is at a place by virtue of their employment, then any injury occurring in that place should be covered. For example, if a contractor’s job required them to work in a deteriorating building, and that building collapsed while the contractor was taking a break, their injuries may be covered even though they were not working at the time of the accident. This is due to the application of the Special Zone of Danger doctrine.

The employer, insurer, and worker all maintain responsibilities under the DBA. The employer must post notices, inform employees about benefits, file reports of injuries, authorize medical care, and assist the employee in filing claim benefits. Moreover, the insurance carrier essentially stands in the employer’s shoes. However, amongst other duties, they must educate the employer of its rights and responsibilities. Finally, employees are responsible for the timely reporting of injuries, requesting medical care authorizations, cooperating with the employer/carrier in their investigations, and providing medical records.

Employers are in violation of the law if they are: uninsured, insured by an unauthorized carrier, insured by an appropriate carrier that does not have a DBA endorsement, or operating under an ineffective waiver. Those who feel that they were unlawfully denied benefits should contact a DBA attorney to discuss their rights and remedies.

Contact DBA Attorneys for Assistance with Your Claim

The attorneys at Friedman Rodman & Frank have years of experience successfully handling Defense Base Act claims on behalf of those who have suffered injuries overseas. The lawyers on our team can assist claimants in securing medical care and compensation benefits. We provide clients with individualized attention and personalized case management to ensure the best possible outcome. In addition to the DBA law, our office handles Jones Act and Longshore Act cases. Our clients have obtained compensation for their medical treatment, loss of earnings, disability compensation, death benefits, and vocational rehabilitation. Our DBA attorneys can communicate with clients in English, Spanish, and Creole. Contact our office at 877-448-8585 for a free case evaluation.