Military Contractor Injuries: Your Rights Under the Defense Base Act (DBA)

Posted on Friday December 29, 2023

You’re transporting supplies and machinery through Afghanistan. You’re supporting the objectives of the US military. The scorching desert sun beats down on you as you navigate dirt roads and rocky terrain. You’re constantly aware of the potential dangers around you. Despite the working conditions, you persevere – until that one day that you’re injured.

At this point, you may be asking, “Now what?” Your first call in this situation should be to a DBA attorney.

Defense Base Act (DBA) Benefits

DBA laws ensure that overseas workers receive compensation for injuries sustained while working on US military bases or under contract as employees with the US government for public projects in other countries.

While recovering from your injuries, DBA workers’ compensation offers wage replacement and medical benefits to help facilitate your return to work once you’re ready. Therefore, you must understand your rights along these lines. Not only must you know how to report your injury and comply with the deadline for filing a claim, you need to seek advice from a lawyer experienced in handling DBA claims.

The Steps You Need to Take If You’re Injured

If you’re injured, you need to do the following:

• Notify your employer representative about your injury or occupational illness ASAP
• If you need medical care, obtain treatment immediately
• You can choose a doctor of your choice. Ask your employer for a Request for Examination form, LS-1. If you require emergency treatment, you can request authorization from your employer or the company’s insurance provider after you receive therapy

The Extent of DBA Coverage

The DBA provides medical, disability, and death benefits to employees working on public work projects or for the military overseas. They receive these benefits when they are injured or killed during their course of employment.

Compensation amounts to two-thirds of an employee’s average weekly age for total disability up to a specific maximum amount. The money is also paid for partial loss of earnings.

Death benefits amount to half of an employee’s average weekly income – going to a surviving spouse or one child, and two-thirds of the wage for two or more family survivors, up to a specific maximum weekly rate.

Permanent total disability (PTD) and death benefits are payable for life and subject to a yearly cost of living adjustment (COLA). There is no minimum rate for compensation.

DBA Coverage: A Basic Overview

The DBA extends workers’ compensation insurance coverage to contractors outside of the United States. If you suffer an injury, whether physical or mental, while employed abroad, you have a right to wage replacement benefits, payment for medical costs, and vocational rehabilitation. 

The DBA applies not only to US citizens but also to foreign nationals and third-country nationals working for US government contractors.

To access these benefits, you need to report your injury to your employer first. They will then notify the Department of Labor (DOL), which oversees the DBA program. 

The DOL will carefully assess your claim and review any medical evidence provided in order to determine if your injury or illness is work-related. 

The compensation you receive will depend on the type and severity of your injury. In cases of disability or disfigurement, additional payments may be warranted. 

If a contractor passes away due to a work-related injury or illness, surviving family members may be eligible for death benefits.

Whatever the reason for filing a claim, you should speak to a DBA lawyer to ensure you understand your rights and receive the compensation you need.

Contact a DBA Lawyer Right Away

Do you have questions about your DBA rights or DBA claims processing? If so, schedule a consultation with a DBA attorney about your military contractor injury. Contact the Mara Law Firm today to learn more about your rights.