How Does the Defense Base Act Protect Overseas Workers?

What Is the +?

The Defense Base Act (DBA) is a federal law in the United States that protects civilian employees working overseas. The DBA provides workers’ compensation benefits through the Longshore and Harbor Workers’ Compensation Act (LHWCA) to injured employees while performing duties connected with U.S. military operations, public works, or related projects outside the continental United States. This law ensures workers are compensated for injuries, illnesses, or fatalities sustained while working.

What Employees Are Covered by the Defense Base Act?

The DBA covers a broad range of employees working outside of the US. This includes those working for military contractors and employees involved in construction projects, public works, and services related to U.S. national defense and foreign aid programs. The DBA applies to employees engaged in a variety of types of work.

The DBA covers employees working on U.S. military bases or lands used by the U.S. for military purposes outside the continental U.S. It applies to contract workers constructing, maintaining, or repairing U.S. government facilities or infrastructure projects such as roads, bridges, and dams. The DBA extends to workers employed in overseas projects financed by the U.S., often focusing on aid and development efforts. Additionally, it includes workers providing services related to purchasing or leasing U.S. military equipment for use by allied nations.

An important aspect of the DBA is that it applies regardless of nationality. U.S. citizens and foreign nationals working on U.S.-funded projects abroad are entitled to the same protections, making it a globally relevant statute for workers across various countries and industries.

What Types of Benefits Are Provided Under the DBA?

The DBA provides several critical benefits to injured employees or their families, ensuring that they are compensated for the financial and physical toll of work-related injuries, illnesses, or death.

Medical Benefits

The DBA ensures that injured workers receive medical care at no cost. This includes immediate treatment for injuries and ongoing care such as rehabilitation, surgeries, therapy, and medication. Injured workers are entitled to treatment until they reach maximum medical improvement (MMI), which is the point at which no further significant improvement is expected, even if they are still disabled.

Disability Compensation

The DBA provides disability benefits to workers injured on the job and unable to work as a result. Temporary Total Disability (TTD) benefits workers who are completely unable to work for a temporary period of time. They receive compensation at two-thirds of their average weekly wage, up to a specified maximum amount. Permanent disability can be partial or total. Permanent Partial Disability (PPD)is for workers who sustain permanent injuries but can still perform some work. The DBA provides compensation based on the extent of their impairment and the impact on their earning capacity. Permanent Total Disability (PTD) applies if a worker cannot work. They are entitled to receive two-thirds of their average weekly wage for the rest of their life.

Death Benefits

If an overseas worker dies on the job, the DBA provides death benefits to the worker’s surviving dependents. These benefits include payment of funeral expenses up to a specified limit and compensation to the surviving spouse and children, typically calculated as a percentage of the deceased worker’s average weekly wage.

Vocational Rehabilitation

The DBA also includes provisions for vocational rehabilitation to help injured workers return to the workforce in a manner that accommodates their injuries or disabilities. This may consist of training for a new job, developing new skills, or receiving job placement services.

Legal Process Under the Defense Base Act

The legal process for filing a DBA claim is similar to workers’ compensation claims under the Longshore and Harbor Workers’ Compensation Act. Injured workers or the families of deceased workers must follow these steps to receive the benefits to which they are entitled.

1. Reporting the Injury: Workers must report their injury or illness to their employer as soon as possible, ideally within 30 days of the injury occurring or becoming known. Failure to report the injury within the required timeframe may result in a denial of benefits.

2. Filing a Claim: The worker must file a formal claim with the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP) after reporting the injury. This should typically be done within one year of the injury or diagnosis.

3. Dispute Resolution: If the claim is denied or disputed, the case may be referred to an administrative law judge for a hearing. The injured worker and the employer may present evidence and arguments supporting their position. The judge’s decision can be appealed to higher courts if necessary.

Challenges Faced by Overseas Workers and DBA Claims

While the DBA provides broad protections, workers often face significant challenges when filing or receiving compensation under the Act. Employers or insurance companies may dispute claims, arguing that the injury was not work-related or that the worker is not entitled to benefits. In some remote or conflict-ridden areas, obtaining the necessary medical care can be difficult, and workers may face long delays in receiving treatment. The legal process can be complex and confusing, especially for workers based overseas and foreign nationals unfamiliar with U.S. law.

Don’t Let Your Injury Go Uncompensated. Contact Benner Law Firm.

If you’ve been injured while working on a U.S. government contract overseas, you may be entitled to compensation under the Defense Base Act. Navigating the legal process can be confusing and frustrating. Benner Law Firm specializes in helping civilian contractors and employees secure the benefits they’re entitled to under the DBA. Contact us today at (714) 497-2544 for a free strategy session. We go above and beyond for you!