The Defense Base Act: What to Know, Your Rights, and How a Lawyer Can Help

When American workers take on jobs overseas under U.S. government contracts, they often find themselves in challenging and high-risk environments. Whether working on military bases, assisting with infrastructure projects, or providing humanitarian aid, these employees deserve protection in case of injury or death. 

That’s where the Defense Base Act (DBA) comes in.

The DBA provides essential workers' compensation benefits for civilian employees working on military bases or under government contracts outside the United States. The act subjects overseas military and public works contractors to the same workers’ compensation rules, insurance requirements, and schedule of benefits as the Longshore and Harbor Workers’ Compensation Act.

If you are a civilian working overseas and have sustained an injury while on the job, you may be entitled to compensation under the Defense Base Act. To have your case reviewed by one of our Defense Base Act lawyers, get a free case evaluation in minutes.

What Is the Defense Base Act?

The Defense Base Act (DBA) is a federal law enacted in 1941 that extends the Longshore and Harbor Workers' Compensation Act (LHWCA) to civilian employees working on U.S. military bases or under government contracts abroad. The law ensures that employees injured while performing their duties receive medical care and compensation, similar to traditional workers' compensation benefits.

The U.S. Department of Labor oversees DBA claims, ensuring that contractors and their employees are properly covered. The law applies to various employment categories, from construction workers and security personnel to translators and humanitarian aid workers.

Who Is Covered Under the Defense Base Act?

The DBA applies to civilian employees working outside the United States in the following situations:

• Military Bases & Facilities: Employees working on U.S. military installations or other designated sites overseas.
• Public Works & Construction Projects: Workers engaged in building, maintaining, or repairing U.S. government infrastructure abroad.
• National Defense & Security Contracts: Civilians employed by private companies fulfilling U.S. military or national security contracts.
• Humanitarian & Foreign Assistance Programs: Employees working for U.S. agencies or contractors providing relief efforts and other services to foreign nations.
• Other Government-Approved Contracts: Civilian employees working under contracts funded or approved by the U.S. government.

It is important to note that the DBA applies regardless of nationality. This means that both U.S. citizens and foreign nationals working under covered contracts may qualify for benefits.

What Benefits Does the Defense Base Act Provide?

The DBA provides benefits similar to traditional workers' compensation laws, including:

Medical Benefits

Employees injured in the course of employment are entitled to reasonable and necessary medical treatment, including:

• Doctor visits
• Hospitalization
• Surgery
• Rehabilitation
• Prescription medications
• Physical therapy

Employers (or their insurance providers) are required to cover these costs without requiring employees to pay out-of-pocket.

Disability Compensation

The DBA offers four types of disability benefits depending on the severity and impact of the injury:

• Temporary Total Disability (TTD): If an injury prevents an employee from working entirely for a short period, they can receive compensation equal to two-thirds of their average weekly wage (AWW).
• Temporary Partial Disability (TPD): If the employee can work in a limited capacity but earns less, they may receive partial benefits.
• Permanent Total Disability (PTD): If an injury results in complete and permanent disability, the worker receives ongoing compensation at two-thirds of their AWW.
• Permanent Partial Disability (PPD): If an injury leads to a permanent impairment but does not prevent the employee from working entirely, they may receive a reduced benefit based on the severity of their disability.

Death Benefits

If a DBA-covered employee dies due to a work-related injury, their surviving spouse and dependents may receive:

• 50% of the employee's average weekly wage for one dependent.
• 66.67% of the employee's AWW if there are multiple dependents.
• Funeral expenses up to a statutory limit.

Vocational Rehabilitation

Injured employees who cannot return to their previous work may be eligible for vocational rehabilitation services, helping them transition into new careers.

PTSD

Workers who have post-traumatic stress disorder as a result of their employment or deployment may also be entitled to compensation under the Defense Base Act. Claims for coverage under the DBA are presumed compensable unless they are rebutted by substantial evidence by the employer.

PTSD claims are covered under the DBA; however, it can be difficult to prove the relationship between the injury and the employment. Unlike traditional physical injury claims, post-employment claims for PTSD are more difficult to investigate and file successfully because:

• Initial medical reports do not always contain the relevant information
• PTSD manifests post-employment
• Insurance companies are hesitant to provide benefits until a causal link is made
• A claimant must prove that the PTSD is disabling and will prevent them from returning to their DBA work

Morgan & Morgan’s Defense Base Act lawyers may be able to help by interviewing doctors and psychiatrists, gathering evidence to prove a causal connection between the employment and the PTSD, and reviewing any documents that may help substantiate a potential PTSD claim.

How to File a Defense Base Act Claim

If you are injured while working under a DBA-covered contract, taking the right steps is essential to securing your benefits.

Step 1: Report the Injury

Notify your employer immediately after the injury occurs. Delays in reporting can affect your claim.

Step 2: Seek Medical Treatment

See a medical professional for diagnosis and treatment. You have the right to choose your physician under the DBA.

Step 3: File Form LS-201 (Notice of Employee Injury or Death)

Complete this form and submit it to your employer and the Office of Workers' Compensation Programs (OWCP) under the Department of Labor.

Step 4: Employer Files Form LS-202 (Employer’s First Report of Injury)

Your employer must submit this form within 10 days of your injury.

Step 5: Insurance Company Review

Your employer’s DBA insurance carrier will investigate the claim and either approve or deny benefits.

Step 6: Appeal if Necessary

If your claim is denied, you can file an appeal through the Office of Administrative Law Judges and, if necessary, the Benefits Review Board.

Common Challenges in DBA Claims

Despite the law’s protections, DBA claims are not always straightforward. Some common challenges include:

• Delayed or Denied Claims: Insurers may dispute claims, arguing that injuries are not work-related.
• Insufficient Documentation: Lack of medical records or witness statements can hinder claims.
• Disputes Over Disability Ratings: Employers may contest the severity of injuries and level of impairment.
• Retaliation Concerns: Some employees fear retaliation from employers for filing claims.

What if My Employer Denies My Eligibility or Lacks the Proper Insurance?

All government contracts contain a clause requiring bidding contractors to obtain necessary insurance. If an employer fails to carry Defense Base Act insurance, they may face fines, loss of contract(s), or criminal prosecution or civil suits.

If you believe you have a claim, have been denied benefits, or have not received your full benefits, speak with a Defense Base Act lawyer immediately. There is a time limit to dispute the actions of your employer, so it is important to act quickly. To have our lawyer review your claim, please fill out our free, no-obligation case review form.

Have a Claim? Been Denied? Missing Your Full Benefits? We Can Help.

Navigating the DBA claims process can be challenging, but Morgan & Morgan is here to help.

At Morgan & Morgan, we understand the complexities of the Defense Base Act and are committed to helping injured workers secure the compensation they deserve. Our experienced DBA attorneys can ensure proper claim filing and documentation, negotiate with insurance companies, appeal denied claims, and fight for maximum compensation.

Our Defense Base Act lawyers are familiar with what it takes to make your claim successful. With our experience, we know that using precedents of past similar cases will help make your case stronger. Furthermore, we understand the laws that protect your rights as an employee of a defense contractor.

We know the games that insurance companies play to avoid paying out on valid claims and are able to fight fire with fire. There's no need to settle for less than what your claim is worth with the right lawyer by your side. And when we say lawyer, you don't just have legal representation. Your Morgan & Morgan lawyer will have access to a literal army of staff and the resources to hire whatever supporting experts are needed, such as investigators and accident reconstructionists. 

We can help you from the start to the finish of your DBA claim, from filing the correct paperwork to ensuring your documentation is filed on time. We work with you to compile supporting evidence and prepare you for hearings. Most importantly, we work to preserve your rights and negotiate for a favorable settlement on your behalf. 

If you or a loved one has suffered a work-related injury while overseas and need assistance with a DBA claim, contact us today for a free case evaluation. Our team of dedicated attorneys is ready to fight for you.