What You Need to Know About Maritime Defense Contractor Injuries Compensation

There are specific types of workers’ compensation programs for defense contractors in the service of a government vessel, military vessels, military bases, or other such government and military operations. These protections provide coverage in the event of an on-the-job accident resulting in injury or illness within United-States-controlled waters, onshore, and overseas in U.S.-occupied foreign countries, harbors, and military bases.

Maritime Laws That Protect Defense Contractors

Some of the maritime laws that help protect defense contractors should they become ill or injured while working for a government agency include:

• The Jones Act: This act is also known as the Merchant Mariners Act. It provides protections for crewmen injured while performing work-related tasks on a vessel. For instance, you are a defense contractor on a Navy ship and are injured while performing your prescribed job duties.
• The Admiralty Extension Act: This act extends admiralty jurisdiction inland to provide protection for injuries that occur while on land when caused by a vessel on navigable waters. For example, you are a defense contractor assigned to assist with the docking, loading, and unloading of government-owned or operated supply vessels. As the ship is docking, part of the ship hits you and causes injuries.
• The Outer Continental Shelf Lands Act: This act offers protection for defense contractors working onboard vessels, rigs, or other government-operated ships like submarines, for accidents that occur on the Outer Continental Shelf.
• Death on the High Seas Act: This act provides protection for the surviving worker’s family in the event they are killed while working as a defense contractor on the high seas. Some of the more common causes of death on the high seas include explosions, tow line, winch and crane accidents, and defective equipment.
• Longshore and Harbor Workers’ Compensation Act (LHWCA): This act provides compensation benefits for maritime defense contractors who are not defined as seamen. It is meant to supplement the gap between the Jones Act, other maritime laws, and individual state workers’ compensation programs.
• Defense Base Act (DBA): This act is an extension of the LHWCA. It provides workers’ compensation program benefits for defense contractors working for a private employer, who are stationed onboard a government vessel or who work abroad at a U.S.-operated base or port overseas.

What Protections Does the Defense Base Act Provide?

The DBA provides coverage for any employee who is working as a defense contractor for the United States. The defense contractor is covered from illness and personal injury so long as they were performing an employment activity such as:

• Working under any U.S. government agency for any public works contract, including maintenance, construction, and other jobs that are part of national defense or support war efforts outside of the U.S.
• Working outside the U.S. for a U.S.-based private employer who has a government contract to provide civilian defense workers for projects on U.S.-controlled military bases, vessels, or controlled lands for military purposes.
• Working as a defense contractor under the Foreign Assistance Act on contracts that are funded and approved by the U.S. government, such as the transport and sale of materials, services, and military equipment to U.S. allies.
• Working for a U.S.-based private employer while providing welfare or other services overseas or on navigable waters.

As long as any one of these employment activities is satisfied, then the defense contractor can file a claim for workers’ compensation benefits under the Defense Base Act.

Steps to Filing a Defense Base Act Injury Claim

The processes and procedures for filing a DBA injury claim are similar to other maritime injury claims and workers’ compensation claims:

1. The employee needs to notify his employer or direct supervisor of the injury.
2. The employee needs to seek medical treatment for his or her injuries.
3. The employer needs to notify the insurance company or claims administrator of the accident.
4. An accident an injury form must be completed and filed within 10 days of the reported injury.
5. Additional forms and documentation may be required and should be filed as soon as possible.
6. A written claim for benefits must be filed by the employee within one year of the reported injury.

The United States Department of Labor, OWCP (Office of Workers’ Compensation Programs), Division of Longshore and Harbor Workers’ Compensation, is the administrator of the DBA. The OWCP oversees compensation payments and medical care and treatment to ensure compliance with the DBA. The OPWP also offers assistance and support for employers, employees, and insurance companies.

What if There Is a Defense Base Act Injury Claim Dispute?

In the event there is a dispute about your Defense Base Act injury claim, it is in your best interest to consult with a Defense Base Act and maritime accident lawyer promptly. There are specific deadlines that must be satisfied to keep your claim active.

The OWCP has its own claims examiners who will conduct an investigation into the dispute. Their objective is to assist the disputing parties to resolve the issues either through compromise or mutual agreement without any formal litigation. Your maritime injury lawyer can represent your interests in this process.

Should the dispute not be resolved, your maritime and Jones Act attorney can request a formal hearing by having the claim referred to the Office of the Administration Law Judges. Once this occurs, an Administration Law Judge is assigned to review your case and hear litigation from all parties.

The Administration Law Judge will make a ruling on the claim to resolve the dispute. The outcome may or may not always be in favor of the claimant. However, the decision is appealable to the Benefits Review Board, the U.S. District Court, and the U.S. Court of Appeals.

What Benefits Are Payable Through a Defense Base Act Injury Claim?

The benefits payable through a Defense Base Act injury claim include all related medical care, treatment, and rehabilitative costs. In addition, the claimant or their surviving family can seek short- and long-term disability payments and death benefits.

Short- and long-term total disability payments are currently paid at a rate of two-thirds of the claimants average weekly earnings or capped at $1,038.78 per week. Disability payments are also payable at a reduced rate for partially lost earnings, as when the employee has been released to return to work part-time.

Death benefits are payable at different rates, depending on the number of surviving family members. If there is just a surviving spouse or one surviving child, then death benefits are paid at a rate of half of the claimant’s average weekly earnings. If the deceased employee had two or more surviving family members, then two-thirds of the average weekly earnings are paid as death benefits, up to the current weekly capped rate.

It should be noted that total disability payments and death benefit payments could be payable for life. In addition, paid benefits are subject to annual cost of living adjustments and can increase over time.

What if I Do Not Qualify for Defense Base Act Compensation?

In the event you do not qualify for Defense Base Act injury compensation, there could still be other maritime workers’ compensation programs that may qualify you for benefits. Due to the complexities of the various maritime and government defense contractor claims options, admiralty jurisdiction, and other such factors, it is in your best interest to speak to a qualified maritime accident lawyer.

Maritime law cases do have their own statute of limitations, depending on the maritime law or act. Our maritime attorneys are aware of these and help ensure you do not miss your opportunity to file your claim and receive the compensation you deserve.

For further information and assistance with filing Defense Base Act injury claims or other maritime injury claims, please feel free to contact Maintenance and Cure, part of Schechter, Shaffer & Harris, L.L.P., by calling 1-800-836-5830 now! Our maritime attorneys are available 24/7 to speak with you about your case and provide legal advice.