Answering The Most Frequently Asked Questions About the Defense Base Act

As a law firm specializing in Defense Base Act (among other things), here at RITE Law, our inbox is full of questions regarding this topic - which is completely understandable as information on the DBA available online can get confusing fast. 

We noticed a lot of times that the queries had similarities, so it’s only fair we provide a comprehensive list of answers for people wondering if they can recover compensation under the act.

If you need further information or someone to help you with filing a claim, don’t hesitate to call our office at (904) 500-RITE (7483) or send an email to info@rite4justice.com. 

In the meantime, here are some of the most frequently asked questions about DBA:

1. What is the Defense Base Act?

The number one Defense Base Act FAQ actually has to do with the definition of the act itself. As an extension of the Longshore Harbor Workers’ Compensation Act, Defense Base Act provides medical benefits and disability compensation for government contractors working overseas, as well as death benefits to survivors.

Think of it as a version of Workers’ Comp for overseas contractors.

2. Which employment activities does DBA cover?

The Defense Base Acts covers a wide variety of employment activities, such as:

• Employment under private employers situated on US military bases or lands used for military purposes outside the United States soil
• Public contracts with US government agencies, such as construction, or services regarding national defense or military activities overseas
• Contracts funded and approved by the United States under the Foreign Assistance Act that are performed outside US borders (e.g. the sale of services, military equipment, or materials to US allies)
• Employment with US employers who provide services such as welfare for Armed Services
• Injuries that occur during transportation to or from the place of employment in case the US government provided transportation.

3. Are non-residents covered by DBA?

Yes. If the criteria outlined in the Defense Base Act FAQ number two are met, all employees, regardless of their nationality or their resident status, are covered under the act. This includes host country nationals and third-country nationals. 

4. Where can you file a DBA claim?

The easiest method of filing a DBA claim is electronically through Longshore’s Secure Electronic Access Portal, or SEAPortal, in short. Here you can create a case and update your case file.

Alternatively, if you have access to a fax machine, you can send a fax to (202) 513-6814 to receive a case creation form. Afterward, you can mail the form to the Jacksonville Branch of the Office of Workers' Compensation Programs, which is the designated receipt site for all DBA cases. 

5. What benefits are available?

The entry in Defense Base Act FAQ that everyone wants to know about is the benefits. DBA provides both medical and disability benefits to individuals injured during their employment. For survivors of employees killed as a result of their employment, DBA offers death benefits. 

For total disability, compensation is two-thirds of the injured employee’s average weekly earnings (up to the present maximum weekly rate), including compensation for partial loss of earnings. 

When it comes to death benefits, they’re paid at the rate of one-half of the deceased employee’s average weekly earnings to eligible survivors, also up to the present maximum weekly rate. Moreover, DBA provides compensation for funeral expenses of up to $3k.

6. What to do if you get injured at work?

To ensure the process of recovering benefits goes down smoothly, you should do the following:

• Notify your supervisor immediately, or in some cases when the effects of the injury aren’t readily apparent, as soon as possible
• Obtain treatment right away if your injury requires medical attention
• Ask the employer for the LS-1 Form that authorizes any medical treatment for the workplace injury.
  
  

7. Do you need to notify your employer in every case?

While you should always try to follow the established procedure, if you’re dealing with an emergency or are unable to reach your employer, feel free to seek medical treatment. Still, make sure you notify your employer as soon as you’re able as the cost of medical care or transportation will be covered by your employer’s DBA insurance carrier. 

8. What are the deadlines for filing a claim?

Generally speaking, the deadline for filing a claim for compensation under DBA is one year after the injury has occurred. You should keep this deadline in mind as this timeframe increases your success in recovering compensation. 

The deadline is extended in cases of occupational diseases such as PTSD and other conditions with delayed onset of symptoms, wherein the timeframe is extended to two years and starts after receiving the diagnosis. 

9. How can you obtain death benefits?

If a loved one has passed away while working overseas for the US government, you should provide the employer with written notice of the employee’s death using the Form LS-201 within 30 days of death. 

Next, file a claim with the Office of Workers' Compensation Programs using Form LS-262 (Claim for Death Benefits).

You can also do this via fax or online, as described in Defense Base Act FAQ #4.

10. What happens if an employer doesn’t secure the payment under DBA?

Employers that fail to secure compensation under DBA through a third-party carrier or fail to obtain authorization for self-insurance can be subject to fines and imprisonment, and may face criminal prosecution. In the case of corporations, officers like the president or the treasurer can be individually prosecuted if they’re liable for not securing coverage.

When dealing with uninsured employers, the injured party has two options:

• Suing for damages for their injuries under Personal Injury Law
• Filing a claim for compensation under the Defense Base Act

When taking the latter approach, the employer is not able to rely on typical defenses postulating that the injury was caused by the victim’s actions.

11. What do employers need to do upon receiving a notice of an employee’s injury?

The last Defense Base Act FAQ has to do with the employers and the actions they should take after receiving a notice of injury. Your employer must immediately contact their insurance carrier, or in the event they’re self-insured, the claims administrator to authorize medical treatment. 

They must also file Form LS-202 (just as described in Defense Base Act FAQ #4) within ten days of the injury, followed by additional notices, forms, and medical reports.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.