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As an employee who works abroad, you may encounter some unique challenges. After all, your job requires that you travel far from away from home – from the familiar mainstream of the US. 

In turn, you may experience unfamiliar customs, languages, and laws. That’s why you need to know your legal rights under the Defense Base Act. This form of workers’ compensation covers you if you’re injured or fall ill while working overseas for the Federal government. 

Knowing your rights then entails conferring with a DBA attorney – a legal representative who can streamline the claims process if you’re injured or get sick on the job. The employer-provided compensation also pays for death benefits, ensuring that your family is protected if you lose your life during your assignment.

If you become sick, injured, or disabled during your duties, you are entitled to wage replacement, medical care, and similar benefits. It is mandatory for your employer to provide this insurance coverage as it is required by U.S. law. 

Familiarize Yourself with Your DBA Coverage

Prior to embarking on an assignment as a U.S. government contractor overseas, you need to understand the details of your DBA coverage. Doing so will safeguard your rights for benefits regardless of where you’re working.

While the DOL generally manages and enforces DBA claims for overseas federal contractors, certain US agencies, such as the Department of Defense, may set their own protocols for managing claims. That’s why you should review the details of your DBA benefits with your employer and a legal professional.

DBA Statute of Limitations

A statute of limitations is enforced for submitting work-related health issues under the DBA. However, you should report any illness or occupational disease ASAP. Doing so will ensure that you’ll receive the compensation and medical help you need in a fast and timely manner and that your claim will be processed without unexpected delays.

Claims that fall under the DBA have a one-year statute of limitations. This means you only have a year after you’re injured at work to file a disability claim. This claim is filed through the Office of Workers’ Compensation Programs under the DOL. If a doctor diagnoses an occupational disease related to your employment, the statute of limitation runs for two years.

DBA Covered Medical Costs and Wage Replacement Benefits

The DBA covers all associated medical expenses related to your work-related injury or illness, including hospital stays, physical therapy, surgeries, and medicines. If your injury impedes your ability to perform your job duties, you’ll receive a portion of your workers’ comp in the form of wage replacement benefits.

DBA Death Benefits

In situations where a work-related death occurs, eligible family members can receive survivor benefits through the DBA. These benefits include a percentage of the employee’s wages as well as coverage for funeral expenses. 

Vocational Rehabilitation and Retraining

If you are unable to return to your occupation, the DBA will cover the costs that are related to the necessary vocational rehabilitation and retraining.

Should I Hire a DBA lawyer? How Do I Find a Lawyer?

Navigating through the process of filing a DBA claim and appealing a denied claim can be complex. Therefore, it is often advisable to seek assistance from an attorney who specializes in DBA cases and human resource issues involving employee rights, unpaid wages, or unfair employment practices.

Contact the Mara Law Firm About Your DBA Questions or Claim

Do you want to understand more about your rights under the Defense Base Act? Maybe you need to file a DBA claim and need legal assistance. If so, contact the Mara Law Firm to get your questions answered. Set up a consultation today.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney David Mara who has more than 20 years of legal experience in employment law.

  • 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

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  • 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.

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  • 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.

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