How You Can Benefit From The Defense Base Act

While military personnel is front and center in U.S. military operations overseas, contractors quietly work behind the scenes, supporting the troops.

Since the chance of workplace injuries is high, those injured while working for the US overseas are entitled to Defense Base Act (DBA). This workers’ comp program provides both income and medical benefits to contractors who were unfortunate enough to experience an injury while working.

Here’s a breakdown of the Defense Base Act, how it works, and in which circumstances you can recover these benefits.

What are Defense Base Act benefits?

This act was established in 1941, and under it, workers’ comp coverage is provided for civilian contractors working under a contract with the government on foreign soil. This typically applies but is not limited to U.S. military bases. 

All contractors and subcontractors who are a part of a federally-funded contract outside the U.S. (regardless of the scope and the value of the contract) require this coverage. 

More precisely, the DBA covers the following personnel:

1. Private contractors on lands used by the U.S. in military actions or bases overseas

2. Companies working under public contract with a U.S. agency

3. Contracts performed overseas funded by the Foreign Assistance Act

4. U.S. employers providing services for the U.S. military, such as welfare

It’s also important to stress that the contractors must provide DBA benefits to all employees under the contracts, regardless if they’re U.S. citizens or not.

As mentioned, workers have medical and income benefits under the Defense Base Act. These benefits may include:

1. Necessary medical treatments such as surgery, hospitalization, and rehabilitation

2. Covering lost wages if they are unable to complete their work duties due to their injuries

These benefits aren’t limited to the workers themselves. DBA also provides survivor and death benefits to workers who are working for the government outside U.S. soil.

Medical and rehabilitation benefits explained

To be eligible for DBA medical benefits, the injured employee must visit a medical provider of their choosing and receive medical care that is directly related to the injury that occurred during their employment.

The Defense Base Act benefits cover the costs of initial, ongoing, and future medical expenses. Naturally, this only applies if the injuries are directly related to the work activities of the employee.

Some of the expenses covered under DBA are:

1. Hospitalization

2. Diagnostics

3. Emergency services

4. Surgeries

5. Transportation

6. Physical therapy 

7. Counseling

8. Vocational rehabilitation services

Disability Benefits Explained

For disabled individuals, the Defense Base Acts provides replacement wages in accordance with the extent of the disability.

There are different categories of disability:

1. Temporary total disability

If the injuries prevent a worker from performing their original job or a related, less taxing job, then their injuries fall into this category. In other words, this category applies to those who will be able to return to work after they recover. Subsequently, workers can receive two-thirds of their average weekly wage.

2. Temporary partial disability

For workers who can complete lighter work while recovering, their injuries fall into this disability category. The benefits are two-thirds of the average weekly wage, which represents the gap between pre-injury and current wages for up to five years.

3. Permanent total disability

If a worker reaches the maximum level of recovery and still can’t return to their original job or its lighter version, they fall into this category. These workers may receive two-thirds of their average weekly wage adjusted annually based on the national average.

4. Permanent partial disability

If a worker has healed and can’t return to their original job but can perform a similar, albeit less demanding job, they are eligible for these benefits.

Normally, these benefits are determined by the percentage of the disability. In cases where a particular injury isn’t found in the PPD schedule, the worker may receive two-thirds of their loss of earning capacity.

Death Benefits Explained

The families of employees who lost their lives overseas while working under a government contract can be awarded death benefits under the Defense Base Act. These are available for those who file a claim with the Department of Labor.

The benefits include up to $3,000 for burial expenses, as well as 50% of deceased family members’ average weekly wages.

If a spouse doesn’t survive the worker, then a surviving child can receive DBA death benefits until they turn 18 or 23 if they are still in school. Disabled children can receive these benefits for a longer time. 

Other dependents can receive between 20% and 25% of the deceased worker’s average weekly wages. 

Defense Base Act death benefits will usually get paid from the date of the injury and will continue until survivors are no longer entitled to the benefits. Additionally, the benefits may also cease two years after the date of death.

Why You Should Hire A Defense Base Act Attorney

Navigating the intricacies of the Defense Base Act can be challenging. There are many complicated legal distinctions and exceptions one needs to keep in mind, which is why many turn to experienced DBA lawyers.

This usually applies to situations in which an employer doesn’t want to pay the required benefits, so the worker may sue them for damages. Similarly,  if a worker died, the family is within its right to sue the employer.

The employer won’t be allowed to claim there was an assumed risk of injury or death upon accepting the job, and they can’t claim that the event happened through someone else's negligence.

To navigate these complex issues, the family must have a lawyer helping them along the way and ensuring that the employer is aware of the full range of repercussions.

Furthermore, there are deadlines you need to follow. For instance, workers must provide written notification to the employer within 30 days of the injury. Most DBA claims also have to be filed within a year.

By hiring an attorney, you’ll have someone who will know how to deal with the deadlines and even get your claim filed even if you missed the time limit.

Get In Touch With Dba Attorneys In Florida

This can’t be stressed enough: never enter any DBA negotiations without legal counsel. An attorney familiar with the ins and outs of the DBA will help you at every step of the process and assist you in receiving the highest settlement possible.

If you need a team of experts who have helped many injured workers receive fair Defense Base Act settlements, contact RITE. Call (904) 500-RITE (7483) or send us an email at info@rite4justice.com.

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.