Who is Covered by the Defense Base Act?

Posted on Monday April 19, 2021

State laws have strict requirements for workers’ compensation coverage for employers. This coverage provides medical benefits and wage replacement when someone suffers a job-related injury. However, what happens if you are working out of the country for the U.S. government or a private contracting company? Do you have protection if you suffer injuries?

Fortunately, the Defense Base Act (DBA) is enforced by the U.S. Department of Labor (DOL), and this law provides for workers’ comp benefits to private defense employees working on foreign soil. The process of receiving benefits can be difficult, however, so it is important to have nationwide Defense Base Act lawyers helping you through the process. 

Eligibility for DBA Benefits

One common question we hear from people injured while working overseas is whether the DBA coverage applies to them and their situation. In general, the DBA applies to:

• People working for private companies on foreign land used for U.S. defense and military purposes, including military bases, including property in U.S. territories
• People working under public works contracts overseen by any type of U.S. government agency, which includes construction work and other contracts connected to war activity or nation defense
• People working under contracts granted by the Foreign Assistance Act, which includes selling military equipment and services to allies outside the U.S.
• People providing welfare services or similar benefits to the Armed Forces in foreign countries, including USO services

If you qualify under one or more of the above categories of employees, you should receive benefits if you sustained injuries on the job. 

Job-Related Injuries

In order for an injury to be covered by the Defense Base Act, it must have happened in the course of your employment. This means that you were engaged in activities that were job-related, though it doesn’t necessarily need to be on a specific worksite. Imagine the following:

• You are working on a U.S. military base in another country, and your boss asks you to drive off base to purchase supplies. You are involved in a car accident and suffered a fractured leg, requiring surgery and keeping you out of work for a few weeks.
• You finish a shift on a U.S. military base, and you decide to drive into town to pick up some groceries. You are involved in a car accident and suffer the same injuries as above.

In the first scenario, driving off base was part of your job, as you were on a work-related errand, so you would be covered by the DBA. On the other hand, if you were driving for purely personal reasons, DBA coverage would likely not be possible.

Speak with Our Nationwide Defense Base Act Lawyers Today

If you are a military contractor that has suffered injuries while working overseas, receiving DBA benefits can relieve stress and prevent you from the financial fallout that can come with an injury. Let a nationwide Defense Base Act lawyer from Mara Law Firm protect your rights. Call (619) 234-2833 or contact us online for more information.