Defense Base Act

Table of Contents

The Defense Base Act and Workers' Compensation

The Defense Base Act (DBA) provides protection to civilian employees working overseas for military support. This federal law requires all federal contractors to have DBA insurance in place of state workers' compensation if a worker sustains injuries while performing their duties on military property or base.

This federal law might be applicable to you if you own a business or work for one under the federal government. Since the DBA is a complicated law, consulting a defense base act lawyer in California is wise.

The Law Office of Andrea R. Herman has a team of legal specialists with extensive experience in the Workers' compensation act in Los Angeles, CA. We can help you file a claim or appeal based on your situation. However, it is essential to thoroughly understand the DBA before filing a claim.

What Is the Defense Base Act or DBA?

The Defense Base Act is applicable to all government subcontractors and contractors with overseas employees. This act places the Longshore and Harbor Workers’ Compensation Act (LHWCA) provisions in effect for the employees with certain exceptions. This compensation law was introduced in 1941 and was supplemented by War Hazards Compensation Act in 1942. It was further amended in 1953 and 1958 to enhance its coverage.

All the employees who have sustained injuries and qualify for this act are provided compensation for their injuries and sufferings. There are multiple kinds of compensation offered, particularly medical and disability benefits.

In case of the employee's death due to the injuries sustained, compensation is provided to the dependent of the deceased employee. The dependents usually include the children, siblings, parents, and spouse of the deceased worker.

Eligibility of DBA

The workers eligible to attain compensation under the Defense Base Act must be performing the following activities for the employer:

Working for private employers on military bases of the country or other lands outside the country being utilized by the US for military activities. This includes the US possessions and territories.
Working for public contracts with a US government agency, including service and construction contracts related to any national defense or war activities outside the country.
Working on contracts that are funded and approved under the Foreign Assistance Act by the US that offers cash sale of services, materials, military equipment, and others to the allies.
Working for American businesses that offer welfare and other services to benefit the armed forces outside the US.
Working for subcontractors in any contract that involves or is related to the above-mentioned work, which is applicable for both local national and US employees.

Severe penalties are applicable for contractors and firms that must have a DBA but neglects to do so.

Consequences of No DBA Coverage

Every government contract includes a provision requiring the contractors to have DBA insurance. Those who fail to abide by this provision are faced with hefty fines and might end up losing the contract. Under common law, the additional severe penalty for neglecting to have a DBA is that the employers are subjected to suits. This means that all the claimants must fill the suit without needing to prove negligence.

Filing a Defense Base Act Claim

In case you sustain injuries while performing duties for the federal contractor, you must immediately report the injuries. It is essential to get immediate treatment for the injuries. Your employer should file the first report of injury form within ten days of sustained injuries. The insurance company of the employer will provide the medical treatment cost and the necessary compensation if you are eligible under the DBA.

If your employer does not provide DBA coverage, a workers’ compensation lawyer can help you file the case in the US Court of Appeals or the US District Court. In case your loved one sustained severe injuries or passed away as a result of injuries sustained while working for a contracting DBA company, you can file a case to claim compensation.

What is covered under Defense Base Act?

The DBA coverage is under the Department of Labor regulation. It offers coverage that is like workers' compensation. There are multiple areas of compensation covered under DBA, including:

Medical expenses, including hospital, surgical, and medical treatment, and other medical services and supplies.
Rehabilitation expenses, including retraining, counseling, and testing in case the injured worker can't return to their work.
Compensation for permanent or temporary loss of income or wages
Repatriation expenses, including transportation of the injured employee to the medical facility or the body of the deceased employee back to the country.
Disability benefits are provided to all injured employees, and death benefits in case of their death to their eligible dependents.
Additional coverages might also be provided, including business travel accidents, emergency evacuation and security, accidental dismemberment and death, general liability, foreign voluntary compensation, extortion, ransom, and kidnapping.

Should you file a Lawsuit for DBA Compensation in Los Angeles, CA?

If an employer fails to offer the DBA compensation or insurance as stated by the DBA, they can face civil lawsuits, criminal prosecution, heft penalties, and loss of contracts. These laws are complicated, and multiple companies and even employees working for subcontractors or contractors are unsure or unaware they might be protected under DBA.

A DBA lawyer can assist you in gathering the relevant evidence and documentation, investigating the case, meeting deadlines, negotiating settlements, and filing the case on your behalf. It is essential to act fast and file the claim to get the right compensation you deserve for the injuries and sufferings you endured. Get in touch with the Law Office of Andrea R. Herman in California for an initial consultation of your case and determine the next steps.