The Defense Base Act is a federal law that protects civilian employees who work overseas in support of the military. The DBA requires that federal contractors have Defense Base Act insurance coverage to take the place of workers’ compensation should an employee be injured while working on a military base or property. This law might apply to you if you work for or operate a business that contracts with the federal government.

What Is the Defense Base Act or DBA?

The Defense Base Act, 42 U.S.C. §§ 1651-54 and the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-50 apply to all U.S. government contractors and subcontractors with workers overseas.¹ The DBA puts the provisions of the LHWCA into effect for these workers with very few exceptions.

When Is Defense Base Act Coverage Required?

Federally contracting business owners are required to provide workers’ compensation benefits that meet DBA requirements. The policy can be purchased through approved insurance companies or businesses may self-insure with approval from the U.S. Department of Labor. Penalties for businesses that do not provide Defense Base Act coverage can be very severe.

The DBA applies to workers that:¹

• Are privately employed on U.S. military bases or any lands outside the United States that are used for U.S. military purposes
• Are working on public work contracts with any government agency to perform service and construction work connected with defense or war activities outside the U.S.
• Are employed on contracts approved and funded under the Foreign Assistance Act where work is performed outside the U.S., including sales of equipment, materials, and services to allies
• Work for U.S. employers to provide welfare, entertainment, or other services for the benefit of U.S. Armed forces, including the USO

What Is Covered Under the Defense Base Act?

The benefits provided under the DBA are the same as those of the LHWCA and include:

• Medical treatment and coverage of medical expenses after an injury
• The right of the injured person to choose their own doctor
• Short-, long-term, and permanent disability benefits for injured employees
• Death benefits for the families of workers killed in the course of their employment overseas

Filing Defense Base Act Claims for Compensation

If you are injured while working for a federal contractor, you should report the injury immediately. Medical treatment should be provided immediately, and your employer must file form LS-202—An Employer’s First Report of Injury—within 10 days. If you are eligible for Defense Base Act compensation, your medical expenses and required compensation should be provided by your employer’s insurance company as required by law.

What if My Employer Does Not Provide Required DBA Coverage?

When a business with federal contracts does not provide the required level of DBA coverage, the case may be disputed in U.S. District Court or the U.S. Court of Appeals.¹ If a loved one or you were seriously injured or died while working for a DBA contracting company, you may file a Defense Base Act case to claim fair compensation for your injuries and loss.

Should I File a Lawsuit for DBA Benefits?

By failing to provide DBA insurance or compensation as required by the Defense Base Act, employers may face loss of contracts, heavy fines, criminal prosecution, or civil lawsuits for damages. These laws are complex, and many people who work for a contractor or subcontractor to the U.S. government are not sure if these protections apply to them.

A DBA attorney can help you gather documentation, meet deadlines, investigate the facts, negotiate settlements, and argue your case in court. There is a time limit to file a DBA lawsuit, so if you have suffered injuries that might be covered by the Defense Base Act, reach out to Schechter, Shaffer & Harris—Maintenance and Cure—today at 800-836-5830 for a free consultation.

Sources:

1. https://www.dol.gov/agencies/owcp/dlhwc/ExplainingDBA