How Long Do You Have to File a Defense Base Act (DBA) Claim?

Helping Clients Resolve Defense Base Act (DBA) Claims

You may be entitled to benefits under the Defense Base Act (DBA) if you were injured while working overseas as a civilian contractor. Timing is critical. Waiting too long to file your claim could mean losing your right to compensation for medical care, lost wages, or long-term disability.

At Benner Law Firm, we help injured contractors understand and protect their rights.

What Is the Defense Base Act?

The Defense Base Act (DBA) is a federal law that extends workers’ compensation protection to civilian employees working on U.S. military bases or under U.S. government contracts overseas. The Act includes contractors working in war zones, on embassy grounds, or on public works projects funded by the U.S.

The DBA is an extension of the Longshore and Harbor Workers’ Compensation Act (LHWCA). It follows many of the same rules and procedures but applies to workers overseas rather than those in domestic maritime industries.

How Long Do I Have to File a DBA Claim?

There are two critical deadlines for filing a Defense Base Act claim.

30 Days to Report Your Injury

Under Section 12 of the LHWCA, incorporated into the DBA, you must give written notice of your injury to your employer within 30 days of the date of injury—or from the date you became aware of the injury and its relation to your work. Failing to give timely notice may result in a denied claim, with some exceptions for reasonable delays.

One Year to File Your Claim

You have one year from the date of your injury (or last payment of compensation) to file a formal claim with the U.S. Department of Labor using Form LS-203. The filing is the first official step to initiate your DBA case.

DBA Statute of Limitations: Exceptions and Extensions

Certain circumstances can toll (pause, delay) or extend these deadlines. 

• Injuries of Gradual Development: If you are suffering from a condition that developed gradually (like PTSD or hearing loss), the one-year clock typically starts from the date you knew or should have known that the condition was work-related.
• Receipt of Employee Benefits: If your employer voluntarily pays benefits, your one-year deadline could be extended to one year from the last compensation payment.
• Delayed Diagnosis: In cases of occupational illness or delayed diagnosis, the clock may start when you first receive a diagnosis that connects the condition to your work.

Each issue is a legal gray area; an experienced San Diego DBA attorney should evaluate your case to ensure it meets all requirements.

What Injuries are Covered Under the Defense Base Act?

The Defense Base Act covers various injuries sustained while working overseas under a U.S. government contract. This includes the following:

• Traumatic physical injuries (broken bones, burns, amputations)
• Cumulative trauma (such as back pain from repetitive lifting)
• Occupational illnesses (like respiratory conditions from toxic exposure)
• Mental health conditions (PTSD, anxiety, depression)
• Hearing loss or tinnitus
• Injuries sustained during recreational or off-duty activities if they are reasonably related to the employment

You may still be eligible for benefits even if your injury occurred during downtime or off base. The DBA may cover your situation. It is critical to evaluate your claim with our DBA attorneys as soon as possible.

What Benefits are Available Under the DBA?

Injured workers covered under the Defense Base Act may be entitled to:

• Full medical treatment (including surgeries, therapy, and prescriptions)
• Temporary or permanent disability benefits (partial or total)
• Lost wage compensation (typically two-thirds of your average weekly wage)
• Death benefits for surviving family members
• Vocational rehabilitation (in some instances)

Why Acting Fast Is So Important

Even though the law gives you up to a year, waiting is not in your best interest. Medical records can get lost, witnesses present at the time may have moved on to other places or jobs, and other evidence may no longer be available. More importantly, insurance companies are often quick to deny claims; any delay on your part can be used against you as a sign your injuries are not as bad as you say. Ensuring you have legal counsel managing your case can make all the difference in whether your claim is approved or denied.

How the War Hazards Compensation Act Relates to the DBA

In addition to the DBA and the LHWCA, many injured contractors could have a claim affected by another law, the War Hazards Compensation Act (WHCA). This law allows employers and insurers to seek reimbursement from the federal government for injuries caused by war-related hazards. While it doesn’t pay benefits directly to workers, it can affect how your DBA claim is handled behind the scenes. Navigating these overlapping laws, DBA, LHWCA, and WHCA is challenging—but you don’t have to do it alone. Our experienced DBA lawyers can take the burden off your shoulders and will ensure you are fully informed as we manage your claim.

Do I Need a Lawyer for a DBA Claim?

While the law does not require hiring an attorney, it is strongly recommended. Insurance companies have lawyers—and so should you. An experienced DBA lawyer like Craig Benner can help with the following:

• Navigating deadlines and paperwork
• Gathering medical and vocational evidence
• Negotiating fair settlements
• Taking your case to trial if necessary

The Benner Law Firm handles these cases every day. Our team knows the tricks insurers use to delay or deny benefits—and we know how to stop them.

Work With an Attorney Who Knows the DBA Inside and Out

Attorney Craig Benner and the team at Benner Law Firm have extensive experience representing injured contractors and have recovered millions of dollars through the Defense Base Act and other personal injury claims. We understand the high stakes, the bureaucracy, and the challenges unique to overseas contract work. We’re here to ensure you get every dollar and every benefit you’re entitled to. Whether you’ve just been injured or were denied benefits, we can help. Call Benner Law Firm at 619-941-0456 for a free strategy session today.

Frequently Asked Questions About the Defense Base Act (DBA)

What if my DBA claim is denied?

If your claim is denied, don’t panic—this happens more often than it should. You still have options, including:

• Requesting an Informal Conference with the Department of Labor
• Filing an appeal and going to a formal hearing before an administrative law judge
• Gathering medical evidence or expert testimony to strengthen your case

Benner Law Firm is skilled in handling DBA claim denials. We’ll fight to ensure your case is presented clearly and aggressively so that you get the compensation you’re entitled to. We advise you to avoid attempting to appeal a DBA case without legal counsel. The process requires 

Can I still file a DBA claim if I already returned home?

Yes. You can file a DBA claim after you’ve returned to the U.S., as long as you’re still within the legal deadlines. Many contractors don’t realize the full extent of their injuries until they’re home. Whether you’re weeks or months removed from your contract work, you may still have a valid claim. Our attorneys can quickly assess your eligibility.

Do I Have to Pay for a DBA Attorney?

The short answer is “no.” Not when you work with the Brenner Law Firm. We make sure the insurance company responsible is forced to pay your attorney’s fees. Take note that some law firms out there will charge you an upfront fee or a contingency fee to handle DBA cases. This is unethical—DBA attorneys should NEVER charge the injured worker directly. The Defense Base Act has a “fee-shifting” mechanism under Section 928. Specific requirements trigger when and how the insurance company is legally made to pay; our law firm uses this to the fullest extent and to your benefit. If you are being asked to pay upfront for a DBA case, we strongly encourage you to find another law firm that puts your interests first. 

Can I sue my employer under the DBA?

Generally, no. The Defense Base Act provides an exclusive remedy, meaning that your benefits come through the DBA system, not through a lawsuit against your employer. However, if a third party (such as an equipment manufacturer or subcontractor) contributed to your injury, you may have a separate claim outside the DBA. Our attorneys can evaluate this and help you pursue both avenues if applicable.

Can family members get benefits under the DBA if the worker dies?

Yes. The Defense Base Act provides death benefits to surviving spouses, children, and sometimes other dependents. These benefits typically include:

• Two-thirds of the deceased worker’s AWW (Average Weekly Wage), divided among dependents
• Funeral expenses up to a statutory maximum

What countries or locations are covered under the DBA?

The DBA covers U.S. civilian contractors working in the following areas:

• On U.S. military bases worldwide
• Under public works contracts with the U.S. government
• Under national defense contracts, even in non-combat zones
• For the U.S. armed forces or agencies like USAID or the State Department

It doesn’t matter if you’re stationed in Iraq, Afghanistan, Africa, or elsewhere—if your work was connected to a U.S. contract, you’re likely covered. 

How long does it take to receive benefits under the DBA?

It depends on several factors, but most initial benefits (such as medical treatment and temporary wage payments) can begin within a few weeks, especially if your employer voluntarily reports the claim. If the claim is disputed or denied, it can take several months to go through the appeals process or litigation. Benner Law Firm moves quickly to reduce delays and get benefits flowing as soon as possible.

For legal representation for Defense Base Act claims, reach out to Benner Law Firm in San Diego for trusted support and individualized care. We go above and beyond to ensure our clients are comfortable. For a free strategy session, reach out to us at 619-941-0456.