Defense Base Act Coverage Explained

If you’re employed by a US military base overseas or working under a government contract, your insurance is likely at the top of your mind. It doesn’t need to be, as your employer is required to provide protection under the Defense Base Act.

In simple terms, this act is an extension of federal workers’ comp and it dictates that all employees working outside the US must provide Defense Base Act coverage to all eligible employees.

Yet, some employers will try to cut corners and may fail to provide you with Defense Base Act coverage, or even worse, refuse to secure compensation after you suffered a workplace injury. 

If that happened, you may have grounds for a claim and should contact the attorneys from the Law Offices of RITE. Our legal team specializes in helping individuals who are having legal trouble with their Defense Base Act coverage and can assist you in recovering the compensation you are legally entitled to.

Here’s everything you need to know moving forward.

What is the Defense Base Act coverage?

Defense Base Act coverage is social insurance under the Longshore and Harbor Workers’ Division of the federal workers’ compensation program. 

This act was enacted in 1941 to provide protection for civilians working under contracts connected to national defense or public works, along with civilians working on military bases. It applies to all overseas territories, including Guam and Puerto Rico.

All employers that hire overseas employees on activities found eligible are required to provide Defense Base Act coverage through an insurance company to all workers, regardless of nationality, employed under a US government contract. 

This includes civilians with public work contracts, civilian military contractors, and other qualified employees with overseas contracts. 

Does the Defense Base Act cover overseas grant work?

Since the Defense Base Act primarily provides coverage for those working under government contracts, the short answer is no - grant work is not included. 

Yet, if the recipient of the government grant hires contractors to complete the contract, the individuals these contractors hire might be eligible for the Defense Base Act Coverage if the US government approved and financed the contract.

Can foreign workers be excluded from the Defense Base Act coverage?

Yes. This usually happens if a government agency requests waivers for the Defense Base Act coverage. These waivers may be granted by the US Department of Labor, and their purpose is to exclude foreign nationals who were hired outside the United States from being covered under the act. 

These waivers may become invalid in some cases, such as if local laws don’t provide alternative workers’ comp coverage to excluded workers.

However, it’s impossible to exclude legal US residents or citizens, or even those hired within the US from the Defense Base Act Coverage.

What does Defense Base Act insurance cover?

This coverage provides qualifying employees with medical benefits (including mental health care), disability benefits, and death benefits. Furthermore, employees can recover compensation for medical treatment, total and permanent disability coverage, indemnity for lost wages, as well as coverage for burial costs. 

For instance, an employee with a total disability can receive two-thirds of their average weekly earnings.

If the person passes away due to a work-related injury, their surviving dependents can receive half of the employee’s average weekly earnings. For those with multiple dependents (one spouse or child and two more dependents), the surviving family members are eligible for two-thirds of the average weekly earnings of the deceased individual. 

How to file a Defense Base Act Claim

To file a claim, you must submit Form LS-203 to the Office of Workers' Compensation Programs within one year of the injury, or if not possible, within two years of the awareness that your condition arose from work-related activities.

You can file this form electronically via SEAportal, by faxing the forms to 202-513-6814, or by mailing them directly to the Longshore and Harbor Workers’ Compensation Act’s Florida Division office. 

When it comes to death benefits, you must share the news of the death with the employer by providing them with a Form LS-201. 

There’s a great variety of forms related to Defense Base Act coverage, including the two we mentioned above, which is why it might be easier to consult a DBA attorney to learn about all the documentation you need and where to file it. 

Can the Office of Workers' Compensation Programs help you with the claim?

The Office of Workers’ Compensation Programs is in charge of managing the issues related to the Defense Base Act, maintaining all records, and reviewing claims to ensure they comply with the law. 

It provides a wide array of services to employers, employees, and insurance providers, including:

• Informal dispute resolution
• Assistance with compensation claims
• Administration of funds
• Vocational rehabilitation for permanently disabled employees

While it may review the claim after filing, the government office’s main goal isn’t to assist you with the process. To see to it that your claim goes through promptly, consult an attorney who will help you with the technicalities and possibly maximize the compensation amount you can receive from the Defense Base Act insurance.

Attorneys from RITE can help get your claim off the ground

Even though the Defense Base Act was made to protect employees, it doesn’t mean you won’t run into trouble. Similar to regular workers’ comp claims, recovering the appropriate compensation is often not easy. 

This is especially true if you’re seeking compensation for a condition with a delayed onset, such as hearing loss, or mental health conditions such as PTSD. Your employer or insurer may simply claim that your condition isn’t connected to your overseas work. You may end up walking away with nothing - sadly, an all-too-common scenario in these cases.

If you’ve been injured while performing duties for the US government overseas, you must protect your interest by hiring an experienced Defense Base Act attorney.

Here at the Law Offices of RITE, we specialize in assisting workers with their Defense Base Act claims. Our attorneys possess a deep knowledge of the intricacies of the process and can guide you every step of the way. This eliminates the chance of making technical errors, while also saving you time and allowing you to recover from your injuries in peace.

Call (904) 500-RITE (7483), or send an email to info@rite4justice.com now and get your claim off the ground with the best DBA attorneys in North Florida.

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.