What is the DBA Waiver List?

Posted on Tuesday July 25, 2023

The DBA waiver is related to the workers’ compensation law known as the Longshore and Harbor Workers Compensation Act. Under the DBA, employees who work outside the U.S. as non-military personnel on overseas military bases are provided with workers’ compensation benefits.

However, there are circumstances where this requirement is waived. To understand why the DBA waiver list was created, you have to review what the DBA covers. The best way to understand the DBA process is to consult with a DBA claims attorney as soon as possible.

DBA Eligibility

More specifically, the Defense Base Act covers the following work situations:

Working for a private employer on a U.S. military base or on land used by the U.S. military outside the U.S., including U.S. possessions and territories.
Working under public work contracts with a U.S. governmental agency, including service or construction agreements that cover war activities or national defense outside the U.S.
Working under contract via the Foreign Assistance Act, which is authorized and funded by the U.S. government. This work arrangement generally provides cash for military equipment, services, and materials to U.S. allies.
Working for U.S. employers that provide welfare or similar services outside the U.S. for the benefit of the U.S. Armed Forces, such as the USO.

The DBA has adopted the provisions set forth in the Longshore and Harbor Workers’ Compensation Act, or LHWCA, with a few exceptions. Requirements mandate employers obtain insurance for the payment of workers’ comp to cover employees/contractors for medical, disability, and death benefits.

Defense Base Act Waivers List

Upon the submission of a written request, the U.S. Secretary of Labor may waive the application of the DBA with respect to certain employees or workers deemed exempt from DBA protection.

How does the DBA Waiver Work?

DBA waivers typically do not apply to employees who meet the following criteria:

They are U.S. Citizens
They were hired within the United States
They are residents of the United States

The Exception of Guam

Although Guam is a territory of the United States, the requirement for the Defense Base Act was waived, prior to 2020, for U.S. citizens, Guam residents, and third-country nationals.

However, because the Department of Labor has a policy that DBA coverage cannot be waived for U.S. Citizens, the blanket waiver for Guam was revised. Therefore, DBA protection now extends to U.S. citizens in Guam and Guam residents and is waived for third-country nationals.

When DBA Waivers Become Invalid

If a waiver is in effect, but employees do not have workers’ compensation coverage or something equivalent under law, then the DBA waiver becomes ineffective.

The main objective here is to ensure that employees who sustain work-related injuries on a contract have some form of workers’ compensation coverage.

Therefore, if employees cannot access any workers’ compensation options, a DBA waiver that was initially deemed valid will become invalid.

An employer engaged in a government contract that employs workers on a U.S. base is legally responsible for covering its workers with the proper workers’ comp protection before acquiring a legitimate DBA waiver.

Contact a DBA Lawyer With Your DBA Inquiries Now

Are you an employee who should receive DBA-based benefits? Do you have questions about your rights? If so, contact a DBA lawyer to learn more about your obligations or entitlement. Contact Mara Law and schedule an appointment today.

I remember screaming at a dear friend of mine saying, “WHY WON’T THE INSURANCE COVER MY TREATMENT!” He said, “…because they know if they do it will increase your settlement.” I said, “WHAT SETTLEMENT! I JUST WANT TO GET TREATMENT! I DIDN’T ASK FOR A SETTLEMENT!” Somewhere I found out that for some insurance companies they are more concerned with protecting their money. This means you are thinking about treatment and getting better while they are thinking about money. Get someone that is on your side that will fight for you. They fought for me…and won.

Mara Law Firm ClientSan Francisco
He represented myself and many old CO-workers. They were very professional & I’d recommend them to anyone. Great Lawyers for the forgotten working man.

ScottSan Francisco
I would definitely recommend David and really appreciated all the hard work he contributed. David really went the extra mile to help his customers. We were very happy and satisfied with his services. Thank you David!

Mara Law Firm ClientSan Francisco
Mr. Mara was a pleasure to work with. He kept me in the loop. Can’t say enough how good it feels to have someone fighting for you, giving you a voice.

AlbertSan Francisco
I was blown away by the results my case got. It far exceeded my expectations. Not only do you get someone who is a great professional; but he will fight for what you deserve. I was uncertain in the beginning; now I’m a believer. Mr. Mara is also personable. Lisa his paralegal was tremendous throughout the whole process. She would keep me updated on the whole process. Don’t cheat yourself by using anyone else; you will be taken care of the right way if you choose Dave

Jerome HarrisSan Francisco
Mr. Mara and his firm helped me file a claim for death benefits on behalf of my late husband. I was very pleased with his knowledge, research, and representation regarding my DBA claim for death benefits. I would absolutely recommend him and its associates to my friends, family, and others needing an attorney who specializes in employment, personal injury, and death benefits. Mr. Mara was very compassionate, timely, and responsive to my family’s needs. I can’t thank him enough.

Sally A ChandSan Francisco
Dave Mara did an outstanding job on my DBA case. Dave, I personally want to thank you for guiding me in the right direction and having a successful case outcome. God bless you for all the effort you put into my DBA case. Words can’t describe how thankful I am. Thank you for helping injured overseas contractors.

Jim Joned San Francisco
Mr. Mara and his staff were very professional and I would highly recommend Mr. Mara. Mr. Mara had my best interests in settling my case and I am very appreciative of all he and his staff did for me. If I ever needed help or had simple questions, Mr. Mara and his staff were always available to take my calls and help me. Highly recommend this firm!

DebSan Francisco
Dave Mara comes with a very high recommendation. He took a workman’s compensation case for me and really handled it well. It was an unclear case and a new issue that the WC most likely had never seen. He kept me up to date with the long confusing process and was very understanding and sympathetic to my plight( I was the victim of a violent crime). Dave has no big lawyer shenanigans and dramatic posing, he is a down-to-earth, fair, honest hard working lawyer who really does not seem like an an attorney at all. I recommend anyone in the SD area to consult with Dave it was a painless process.

Linda DSan Francisco

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What is the DBA Waiver List?

Posted on Tuesday July 25, 2023

DBA Eligibility