Who Is Eligible For Benefits Under The Defense Base Act?

The Defense Base Act is an extension of the Longshore and Harbor Workers Compensation Act (LHWCA). The LHWCA provides workers’ compensation benefits to qualifying maritime workers and longshoremen and can provide death benefits to their surviving family members. Congress passed the DBA in 1941 to extend those same workers’ compensation benefits to civilian contractors who were injured or killed while performing work for the U.S. military. The DBA requires that employers obtain DBA insurance to provide coverage for their DBA-related workers’ compensation claims.

Who is Eligible for DBA Benefits?

The Department of Labor (DOL) manages the DBA program. According to DOL policy, the DBA provides benefits to civilian contractors under the following conditions: (1) contractors working for private employers on U.S. military bases or lands used by the U.S. for military purposes outside of the U.S., (2) contractors working on “public work” contracts such as projects or operations relating to national defense or war activities, with U.S. government agencies outside of the U.S., (3) contractors working on contracts approved and funded by the U.S. under the Foreign Assistance Act, including the sale of military equipment, materials, and services to U.S. allies if the work is performed outside of the U.S., and (4) contractors working for U.S. employers providing “welfare or similar services” outside of the U.S. for the benefit of the military.

Injured contractors under one of the above categories likely qualify for DBA benefits, regardless of citizenship or nationality. American Citizens, U.S. permanent residents, and citizens and residents of other nations are all eligible to qualify for DBA benefits. DOL policy outlines the following groups that are not eligible for DBA benefits: (1) federal employees, (2) employees that serve as the “master or member of a crew of any vessel,” or (3) members of the armed forces.

Potential Issues with Receiving DBA Benefits

While it is often advantageous to receive DBA benefits, contractors should be aware of several features that don’t always work in favor of the claimants. The DBA is an employee’s exclusive remedy against the employers, meaning that DBA employees cannot sue their employers for injuries that are covered by the DBA, even if the employer was negligent or caused the injury. This motivates employers to delay and deny DBA claims, making it very challenging to receive compensation under the DBA sometimes. DBA claims are tricky and often benefit from guidance from an attorney familiar with the issues.

Do You Need Help with Your Defense Base Act Claim in Florida?

If you or someone you love has or is considering filing a DBA 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.