The Defense Base Act

The Defense Base Act extends workers’ compensation to civilian employees of federal contractors supporting military work overseas. This can include a wide range of workers on bases and in maritime settings. If you were injured on the job as a civilian contractor, contact a maritime lawyer for help filing a DBA claim.

What Is the Defense Base Act?

The Defense Base Act (DBA) is an extension of the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA was passed to provide workers’ compensation to longshoremen and other qualified workers in shore-based maritime positions.

The DBA extends workers’ compensation benefits to certain civilian employees. It includes those working on overseas U.S. military installations or employees of federal contractors working on national defense or public works. DBA is administered by the U.S. Department of Labor, Office of Workers’ Compensation, Division of Longshore and Harbor Workers’ Compensation.

DBA Insurance Requirements

DBA mandates that federal government contractors and subcontractors have workers’ compensation insurance. This insurance provides workers with compensation if they are injured on the job. It also covers the dependents of workers who die on the job.

Companies can purchase any insurance that meets the requirements of the DBA, which are the same as those for the LHWCA. Companies have the option to be self-insured with permission from the Office of Workers’ Compensation.

The law requires that employers be liable for payment of medical, disability, and death benefits for injured or killed workers. If the employee is unable to get compensation, the contractor is liable, and the employee or their surviving dependents can sue.

Who Is Covered by the DBA?

Contractors and subcontractors must provide workers’ compensation insurance for:

• Workers privately employed on military bases or overseas lands used by the U.S. military
• Employees working for government agencies on public works contracts connected with public defense or war activities outside the U.S.
• Workers providing entertainment, welfare, and other services for U.S. armed forces
• Workers on contracts approved under the Foreign Assistance Act and performed outside the U.S.

What Benefits Does the DBA Provide?

Workers who qualify for DBA coverage are entitled to workers’ compensation if they are hurt on the job. Their dependents are entitled to death benefits. The death or injury must have occurred during the course of employment but not necessarily during working hours.

Total disability coverage includes two-thirds of weekly income up to a set maximum amount, which changes over time. Workers can also be compensated for partial earnings loss. Dependents may be entitled to half of a worker’s weekly income after their death, up to a maximum.

These benefits can be payable for life and may be adjusted for cost-of-living changes. Workers are also entitled to medical benefits for treatment by a physician of their choice. Benefits extend to both physical and mental health injuries.

How Do I File a DBA Claim?

If you are injured on the job, get medical treatment, file an incident report, and report the incident to your supervisor. Take these steps as soon as possible after the accident or injury to ensure you have everything you need to file a claim for compensation. Your employer is responsible for filing a claim within ten days.

You can appeal if your claim is denied. You might want to work with a lawyer at this point. Their expertise and experience can help you understand why it was denied and improve your case for an appeal.

What if My Employer Does Not Have DBA Insurance?

It is illegal for companies and contractors not to have insurance as required by the DBA. If you get hurt and find out your employer does not have DBA insurance, talk to an experienced lawyer. Your employer may face serious fines and penalties, but you may still be owed compensation.

If your employer cannot secure the necessary compensation, a lawyer can help you sue them for damages. Rely on a lawyer experienced in workers’ compensation, maritime law, and employment law. They can help you gather all the necessary documentation and make a successful case for getting the compensation you need.