What to Do if an Employer Does Not Have DBA Insurance

The Defense Base Act (DBA) and Longshore Act require every employer to obtain workers’ compensation benefits provided under the Act or be permissibly self-insured. The Office of Workers’ Compensation Programs (OWCP) is responsible for authorizing insurance carriers and self-insurance of employers. Employers are required to secure DBA regardless of the employee’s nationality. As such, employers should obtain coverage for all qualifying workers outside the United States or under a U.S. government contract. The coverage applies to U.S. citizens, residents, local hires, and third-country nationals.

Employers that fail to meet the DBA coverage requirements may face criminal and civil charges. Further, in cases where the employer is a corporation, the leading executive management team, such as the president, secretary, and treasurer, may face individual prosecution. Moreover, these entities may be personally liable for compensation and related benefits.

Injured workers of uninsured employers may claim compensation under the DBA or file a civil lawsuit for their injuries under the relevant personal injury laws. In these cases, the employer cannot rely on certain typical civil personal injury defenses. For example, the employer cannot argue that the employee is prevented from recovery because of contributory negligence.

What to do if DBA Claim is Denied?

Sometimes, an employer’s insurance provider may deny a valid claim. A worker may receive a DBA claim denial if

• There is insufficient evidence to support their claim,
• The claimant missed filing deadlines, or
• The insurance company is unlawfully protecting its financial interests.

In these cases, a DBA attorney can take several steps to help injured workers secure compensation:

1. A lawyer can request an informal conference which is an administrative hearing at the regional OWCP office.
2. An attorney can negotiate with the employer’s insurer to convince them to provide benefits without going to trial.
3. If necessary, a lawyer can represent the injured worker before an Administrative Law Judge. In these cases, the law permits the worker’s attorney to call witnesses to testify on the worker’s behalf.
4. An attorney can appeal an unfavorable decision. First appeals are generally in front of a Benefits Review Board. If a Benefits Review Board decision is unfavorable, an attorney can take the case to the U.S. Court of
5. Appeals.

Although there are many similarities between domestic workers’ compensation programs and the DBA, these are distinct programs and each maintains its own rules. As such, it is important that injured workers consult with an experienced DBA attorney to discuss their claims.

DBA Attorney to Pursue Claims Against Uninsured Employer

If you are a civilian military contractor who sustained injuries overseas, contact the Defense Base Act attorneys at Friedman, Rodman & Frank, PA. Our experienced attorneys handle DBA claims for workers injured overseas in areas like Afghanistan, Iraq, Japan, Haiti, and Qatar. We help injured workers apply for benefits, negotiate settlements, and appeal denials. In addition, our attorneys maintain an active personal injury practice and can help workers when their employers fail to maintain DBA insurance. Contact our office at 877-448-8585 to schedule a free consultation with the DBA attorneys on our team.