Defense Base Act Lawyers

The Defense Base Act (DBA) provides financial compensation and medical coverage to civilian employees who are injured on the job while working on a U.S. military base or while working on public work contracts overseas under a U.S. government agency.

Enacted in 1941, it is fundamentally an extension of the Longshore and Harbor Workers’ Compensation Act (LHWCA). The DBA is administered through the U.S. Department of Labor (DOL), the Office of Workers’ Compensation Programs (OWCP), and the Division of Longshore and Harbor Workers’ Compensation (DLHWC).

If you believe that you may have a valid claim under the Defense Base Act, it’s best to reach out to an experienced DBA attorney who can guide you through the process. The Houston, TX-based Defense Base Act lawyers at Schechter, Shaffer & Harris, L.L.P., are available to take your call.

Who Is Covered Under the Defense Base Act?

Individuals who were injured while engaged in any of the following activities may be eligible for compensation under the Defense Base Act:

• Employment services performed for a private employer on a U.S. military base or land overseas (incl. U.S. territories and possessions) used for military purposes by the U.S.
• Employment services performed under public work contracts (e.g., construction, national defense projects) for a U.S. government agency overseas.
• Employment services performed under contracts funded by the U.S. government as part of the Foreign Assistance Act.
• Employment services performed overseas for U.S. employers for the benefit of the Armed Forces.

The DBA also allows for compensation to be paid to individuals who are injured while traveling to or from a place of employment overseeing the activities listed above. In the event of fatality, compensation will be paid to the family of the victim.

DBA compensation is available regardless of the nationality of the injured party. Citizens of the U.S., citizens of the host country where the site of employment is located, and citizens of another nation who are employed in the host country are all covered by the provisions of the Defense Base Act.

Who Is Not Covered by the DBA?

Certain classes of employees are excluded from DBA protections:

• Persons who are covered by the Federal Employees’ Compensation Act
• A master or crew member of a vessel
• Persons involved in employment “that is casual and not in the usual course of the trade, business, or profession of the employer,” such as domestic service

In some cases, it may be difficult to ascertain whether a given employee is subject to the DBA. Your Defense Base Act lawyer can offer assistance in this matter.

What Kinds of Compensation Are Available Under the DBA?

Benefits and compensation are very similar to those provided by the LHWCA. DBA claims are not subject to the LHWCA’s minimum benefit rate.

Injured persons are generally eligible for compensation benefits calculated at 2/3 of their average weekly wage (AWW), up to the “maximum compensation rate” set by the DLHWC (and adjusted on an annual basis). The injured party is allowed to choose their own physician for medical treatment.

Death benefits are payable at a rate of 1/2 of the employee’s AWW to a spouse or child, or 2/3 of the AWW to two or more eligible family members.

Contact Our Defense Base Act Attorneys Today

If you have been injured overseas while employed under circumstances listed in the Defense Base Act, it is important to act quickly. You must report your injury as soon as possible. You should also contact an experienced DBA lawyer early in the process to ensure the best possible outcome. Our Defense Base Act lawyers have years of experience with these cases.

Based in Houston, TX, and serving clients throughout the U.S., Schechter, Shaffer & Harris, L.L.P., is the legal resource you can rely on during this difficult time. Call a DBA attorney today at 1-800-836-5830.