Things You Might Not Know About the Defense Base Act

Posted on Wednesday March 04, 2020

Thousands of people suffer injuries on the job in every profession. In many cases, work-related injuries can be prevented, though sometimes, they are strictly accidents and no one is at fault. The good news for injured workers in the United States is that workers’ compensation laws protect their rights to benefits for medical expenses, lost income, and disabilities. However, workers’ compensation does not apply to civilians working as contractors for the military overseas. Instead, these individuals must seek benefits under the Defense Base Act (DBA).

Most people do not realize how many civilian defense contractors are working in foreign countries for the U.S., and they also might not be aware that the DBA even exists. Even contractors might not understand how the DBA works as it applies to them. The following are some facts about the DBA. 

The Defense Base Act It is Not a New Law

While DBA claims increased sharply during Operation Iraqi Freedom, Congress passed the Defense Base Act decades ago. The law took effect in the summer of 1941 as an extension of the Longshore and Harbor Workers’ Compensation Act.  

Common DBA Benefits

No matter what a person’s position might be, if they are a contractor covered by the DBA, the law provides certain benefits as needed for a job-related injury. Benefits can include:

1. Coverage of medical treatment
2. Partial replacement of lost earnings
3. Benefits for a disability that prevents work
4. Funeral arrangements and other death benefits after fatal injuries

DBA Insurance Companies

The law allows companies to be self-insured or to purchase coverage from certain insurance carriers. Of the hundreds of insurers allowed to provide benefits, there are three major carriers used, which are CNA, AIG, and ACE-USA. If your employer fails to carry coverage, you might have the right to file an injury lawsuit for damages. 

Physician Selection

When you sustain injuries working overseas, you have the opportunity to choose the physician who provides treatment. This is different than many workers’ compensation claims that require a claimant to see a doctor selected by the employer or insurance company. It is important to see a trusted medical professional who will thoroughly diagnose your injuries and stand by their treatment recommendations.

There are DBA Attorneys

Just as many attorneys help domestic workers with workers’ compensation claims, there are also certain law firms that handle DBA claims for injured defense contractors. The documentation required for a DBA claim can be extensive and complicated, and mistakes can delay your benefits or result in a complete denial of your claim. To best ensure that you receive the benefits you are entitled to under the law, you should seek assistance from a knowledgeable DBA lawyer as soon as you can after your injury. 

Discuss Your Rights with a DBA Attorney

The Mara Law Firm is proud to represent and assist defense contractors working on military bases and other posts overseas. We can help from start to finish of the claim process, so please call (619) 234-2833 or contact us online for assistance from a DBA attorney.