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The categories of disability under the Defense Base Act (DBA) are the foundation for how injured civilian contractors are compensated after sustaining harm while working overseas in support of U.S. operations. Each classification illustrates the severity of the injury and how it influences a worker’s capacity to earn wages. Selecting the proper category is essential to receiving the full compensation allowed by law.
At Mara Law Firm, PC, we assist contractors throughout the country, carefully navigating them through the claims process so they can secure the financial support they are entitled to.
The DBA recognizes four distinct disability categories.
In other words, the DBA separates disabilities into PTD, TTD, TPD, and PPD, depending on how the injury limits employment opportunities. This system ensures that benefits are tailored to the reality of each worker’s situation.
To receive disability benefits, an injured contractor must show that the injury or illness occurred during overseas employment covered by the DBA. Under § 908. Compensation for disability, permanent total disability, entitles the worker to two‑thirds of their average weekly wage for as long as the condition lasts. Certain severe losses, such as the loss of both arms, both legs, or both eyes, are automatically considered permanent total disabilities. Other situations require evidence, including medical reports and vocational assessments, showing that the injury prevents a return to suitable employment.
The process can involve complex paperwork, medical examinations, and disputes about the seriousness of the injury. Strong documentation and clear proof of employment status and wage history are vital in establishing eligibility.
At Mara Law Firm, we are dedicated to fiercely advocating for workers who have faced wage theft, violations of California labor laws, or injuries sustained under a U.S. Defense Contract. With decades of experience, our attorneys provide personalized, confidential, and no-cost consultations to ensure the best outcomes for our clients. We bring unmatched expertise to protect your interests and fight relentlessly to secure the compensation you deserve, guiding you through every step of the legal process to uphold your rights and deliver the relief you need.
The law distinguishes between total disabilities, where no work is possible, and partial disabilities, where some employment remains an option. A disability may also be temporary if recovery is likely, or permanent if no improvement is expected. For example, a contractor with significant hearing loss in one ear may continue to work in a limited role, but the impairment still falls under the partial category.
According to the U.S. Department of Labor, compensation depends heavily on these distinctions. A temporary condition generally ends once recovery occurs, while a permanent disability may trigger ongoing or lifetime benefits. Medical evaluations and vocational testing are often central in proving the extent of a worker’s disability, and they frequently shape the final compensation award.
The DBA distinguishes between scheduled and unscheduled forms of compensation. Scheduled Permanent Partial Disability (PPD) applies when a worker suffers the loss or loss of use of particular body parts, such as an arm, leg, hand, foot, vision, or hearing. These injuries are assigned a set number of weeks of compensation under Section 8(c) of the Longshore and Harbor Workers’ Compensation Act. For example, losing the use of an arm entitles the employee to a specific number of weeks of benefits regardless of actual wage loss.
Unscheduled Permanent Partial Disability (PPD) covers injuries not listed in the statutory schedule. In these cases, payment is tied to loss of earning capacity. For instance, if a contractor earned $600 per week before the injury and can earn only $300 afterward, the benefit would be $200 per week (($600 − $300) × 2/3). These payments remain in place so long as the disability continues to limit earning potential.
This difference between scheduled and unscheduled claims ensures that the law recognizes clearly defined physical losses and broader reductions in wage‑earning ability. Unscheduled claims can be more complex and often require extensive medical and vocational evidence, making effective legal representation especially important.
At Mara Law Firm, PC, we understand how life‑changing an overseas injury can be. Our mission is to protect your rights, simplify the claims process, and ensure you recover the disability benefits and lost wages owed under the DBA. Beyond handling the paperwork, we are committed to standing by you at every stage, answering questions, and ensuring your claim moves forward without delay. We believe contractors who put themselves in difficult and dangerous situations deserve the complete protection of the law.
Call 619-234-2833 today to discuss your case and take the first step toward financial security and peace of mind.
David Mara, founder of Mara Law Firm, PC, is a California employment attorney specializing in wage and hour law and representing injured civilians under U.S. defense contracts. He has recovered tens of millions for workers and contributed to landmark cases like Brinker Restaurant Corp. v. Superior Court. A member of multiple legal organizations, he also shapes California labor laws through legislative reviews. Mara holds a B.A. from San Diego State University and a J.D. from California Western School of Law and is admitted to practice in various federal courts.
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If you are in need of employment litigation attorney in California or have been injured overseas while under a military contract and are in need of a defense base act attorney. Please fill out the form below and contact us immediately for a FREE consultation.
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