Thousands of brave American civilians, including many from the Gulf Coast, answer the call to support U.S. government operations around the globe. Whether providing security, logistics, construction, or technical support in war zones, on military bases, or for public works projects, these contractors face unique and often extreme dangers. Unlike typical domestic workers’ compensation, injuries sustained in these overseas roles are generally covered by a specialized federal law: the Defense Base Act (DBA).
If you are a civilian contractor injured while serving our nation abroad, navigating the complexities of a DBA claim is crucial for securing your medical care and financial future. At our firm, our experienced Defense Base Act Lawyers are dedicated to fighting for the rights of injured overseas contractors, ensuring they receive every benefit and compensation they are entitled to under this vital federal statute.
The Defense Base Act (DBA) is a federal workers’ compensation law that provides coverage for civilian employees of U.S. government contractors injured or killed while working outside the United States. Enacted in 1941, it was created to extend a safety net to those serving on military bases and in support of U.S. operations globally.
The DBA is an extension of the Longshore and Harbor Workers’ Compensation Act (LHWCA). This means that, with a few exceptions, the DBA incorporates the provisions, benefits, and procedures of the LHWCA. The Department of Labor’s Office of Workers’ Compensation Programs (OWCP) administers both acts.
The DBA provides broad coverage for individuals working under various types of U.S. government contracts overseas. You are likely covered if you are:
Crucially, DBA coverage applies regardless of your nationality, including U.S. citizens, U.S. residents, host country nationals (local hires), and third-country nationals (individuals hired from another country to work in the host country).
The DBA provides coverage for injuries or illnesses that occur “in the course of employment.” This is a broad standard that can cover incidents not just at your immediate worksite, but also:
The DBA is designed to provide comprehensive support to injured contractors, ensuring they receive the care and financial stability they need to recover.
The DBA mandates coverage for all necessary and reasonable medical treatment directly related to your work-related injury or illness. This is a broad benefit covering a multitude of services:
If your injury or illness prevents you from working, the DBA provides vital wage replacement benefits, typically calculated at two-thirds of your average weekly wage. These benefits are categorized based on the severity and duration of your disability:
Should your injury prevent you from returning to your previous line of work, the DBA may provide essential vocational rehabilitation services. This includes support to help you re-enter the workforce, such as job placement assistance, skills assessment, and funding for retraining programs to equip you for a new career path.
In the tragic event that a covered employee dies due to a work-related injury or illness sustained overseas, the DBA provides critical death benefits to eligible surviving dependents. These benefits include reimbursement for funeral expenses (up to $3,000) and ongoing financial assistance to spouses, minor children, and potentially other qualified dependents, based on the deceased employee’s average weekly wage.
While the DBA covers a vast array of injuries across various contracting roles, those with a direct or indirect maritime connection are certainly included. Civilian contractors operating in overseas locations, whether on land or at sea, face unique dangers.
The DBA explicitly covers injuries sustained during transportation to or from the overseas work site, particularly if the employer provides or pays for the transportation. This can include injuries during flights, bus travel, or sea voyages that are part of the employee’s contractual travel.
Civilian contractors often work in or manage port facilities and shipyards overseas. Injuries here can mirror those found in domestic longshore operations, but under DBA coverage due to the overseas government contract:
A unique aspect of DBA coverage, stemming from legal precedent, is the “Zone of Special Danger” doctrine. This can extend coverage to injuries occurring even during off-duty hours if the employee is in an environment of increased risk due to their overseas employment. For instance, a contractor injured while taking a recreational swim from a vessel in a high-risk area might still be covered, as their presence in that dangerous location is a direct consequence of their employment.
The DBA claims process is notoriously complex, involving federal regulations, specific procedural requirements, and often aggressive insurance companies. Attempting to navigate it alone can jeopardize your benefits.
The Department of Labor (DOL) oversees DBA claims, and there are strict forms, filing procedures, and deadlines that must be met. A single mistake can lead to denial or delays. For instance, notice to your employer is generally required within 30 days of the injury or awareness of an occupational disease, and a formal claim (Form LS-203) must typically be filed with the DOL within one year.
DBA insurance carriers are businesses focused on minimizing payouts. They often deny claims, delay payments, or attempt to cut off benefits prematurely. Common reasons for denial include:
An attorney can effectively challenge these tactics and protect your rights.
You have the right to choose your own treating physician under the DBA. However, insurance companies may try to steer you towards their doctors, who may not have your best interests at heart. Your attorney ensures you get the medical care you need from a provider you trust.
DBA benefits are designed to replace lost wages and cover medical care. However, correctly calculating average weekly wages, determining the extent of disability, and planning for long-term care needs requires expertise. We work with medical and vocational experts to ensure your compensation fully covers your projected future losses.
It is illegal for an employer to retaliate against you for filing a DBA claim. If you face threats, demotion, or wrongful termination for asserting your rights, your attorney can pursue additional legal action.
Seek immediate medical attention. Report the injury to your supervisor/employer as soon as possible, ensuring it’s documented. If safe, gather any photos or witness information. Crucially, do NOT give recorded statements or sign any documents presented by the contractor or their insurance company without first speaking with a DBA attorney.
Generally, you must provide written notice to your employer within 30 days of your injury (or within 30 days of becoming aware of an occupational disease). You must file a formal claim (Form LS-203) with the Department of Labor within one year from the date of injury or last payment of compensation. These deadlines are strict, so prompt legal advice is essential.
Yes. If your overseas work aggravated, accelerated, or caused a pre-existing condition to manifest, it can be covered under the DBA. The insurance company is generally responsible for the entire disability related to the work aggravation.
Yes, the DBA does cover psychological and emotional injuries, including PTSD, if they are directly linked to your work duties or the traumatic experiences encountered during your overseas employment. Proving these claims often requires strong medical documentation from mental health professionals.
The DBA covers necessary medical treatment. While you have the right to choose your treating physician, if specialized care is not available where you are located, the insurance company may authorize or even require you to return to the U.S. for treatment. Your attorney can help manage these logistics and ensure your travel is covered.
Working as a U.S. government contractor overseas is a selfless and often perilous undertaking. When injury or illness strikes, the complexities of federal laws like the Defense Base Act can seem daunting, especially when compounded by distance and recovery. You shouldn’t have to fight for your rightful medical care and financial support alone.
At our firm, our Defense Base Act Lawyers possess the specialized knowledge and aggressive advocacy needed to navigate these intricate federal claims. We are committed to holding insurance companies and employers accountable, fighting tirelessly to ensure you receive the maximum benefits you deserve for your recovery and long-term well-being.
