Working Overseas for the Federal Government: Your Rights as A Contractor Under the Defense Base Act

Posted on Wednesday November 29, 2023

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.