Representing Overseas Government Contractors in Personal Injury Claims

The Difficulties of Seeking Injury Compensation in an Overseas Setting

When overseas government contractors are injured, they’re often compensated under the Defense Base Act (DBA). This is a form of workers’ compensation that allows individuals to secure financial recovery without going to court. However, there are times when overseas government contractors have valid personal injury claims.

DBA benefits are a great resource that can help support injury victims financially. Unfortunately, this form of no-fault coverage also takes rights away from those who are harmed. While the DBA offers advantages, it also reduces potential compensation available to victims. This is why it’s so important to understand when a personal injury claim might be the right decision.

In fact, this knowledge could literally mean the difference between securing maximum compensation and just barely getting by.

DBA Benefits vs Personal Injury Claim

The Defense Base Act provides coverage and benefits for injured government contractors. It also offers death benefits when one of these workers loses their lives. It is typically the exclusive remedy available when civilian contractors suffer an injury during the course of employment. DBA benefits ensure workers don’t have to fight to secure compensation.

However, another underlying purpose of the DBA is to minimize potential lawsuits against the government and reduce caseloads in the courts. Fortunately, there are times when personal injury claims are allowable. This is typically the case when injuries are linked to the acts of third parties or in situations where injuries fall outside the scope of DBA coverage.

For instance, the DBA may not come into play if injuries occur while not engaged in employment activities or if working on a project that’s not under a U.S. Government contract. In these and many other instances, it may be possible for overseas government contractors to file a personal injury claim. This opens the door to substantial compensation.

Challenges for Overseas Contractors With Personal Injury Claims

A personal injury claim can result in substantially higher compensation for injured overseas government contractors. Under the Defense Base Act, money is provided for things like medical benefits, disability compensation, death benefits, and vocational rehab. Personal injury claims can compensate for much more, but there are some hurdles present.

For instance, determining the appropriate court or administrative body for filing claims can be difficult. Conflicts between American and foreign laws are also possible, and those in conflict zones face additional hurdles. For instance, there’s often limited availability of evidence and witnesses. There are also cultural barriers (e.g., language differences, cultural misunderstandings).

Clearly, overseas government contractors filing a personal injury claim face challenges that are not typical with DBA claims. However, the benefits that personal injury compensation offers frequently make it worth taking on these challenges. Put simply, injured individuals stand to gain much more by opting to seek financial recovery under personal injury laws.

Why Filing a Personal Injury Claim Is Often the Right Decision

DBA benefits can reimburse individuals for medical benefits, lost income, and other limited losses. However, securing compensation for non-economic damages isn’t possible. Such damages include things like pain and suffering, emotional distress, loss of enjoyment in life, and other non-monetary losses.

DBA benefits also don’t offer the possibility of punitive and future damages. There are also compensation caps on Defense Base Act benefits. Each of these benefits of personal injury claims comes down to one thing: money. However, this is far from where the advantages of a personal injury claim for overseas government contractors end.

You’ll also find that there are broader liability options — such as targeting third parties and egregious government acts (when sovereign immunity doesn’t apply). Injured victims will additionally find greater legal discovery rights and the ability to customize settlements. And if the compensation offered isn’t fair, litigation opens the door to substantially higher damages.

What Types of Injury Claims Are Available to Civilian Contractors?

It’s an unfortunate fact, but too many overseas government contractors don’t fully understand their rights. In many cases, they simply assume that any injury suffered overseas will fall under the DBA. Even those who understand that personal injury compensation may be available don’t always know what types of incidents may qualify them for compensation.

The most obvious type of personal injury claim for overseas government contractors relates to physical injuries. Common causes for such injuries include construction accidents, combat-related injuries, and equipment failures. Available compensation could include current and future medical bills, pain and suffering, lost income, and more.

Sadly, many people overlook the potential of securing compensation for psychological injuries. Depression, anxiety, and PTSD are highly prevalent among contractors. Unfortunately, proving such injuries can be an uphill battle. The same is true for occupational exposure — such as toxic chemicals and unsafe working environments. Luckily, help may be available in these cases.

Do You Need an Attorney?

Individuals who find themselves far away from home and injured are understandably confused and scared. Most government contractors left America for a specific job, and their duties didn’t include understanding the intricacies of federal compensation and personal injury law. This is why it’s so critical for injured parties to seek legal assistance after their incidents.

Between jurisdictional issues, matters involving conflict zones, the difficulties of evidence collection, and other challenges, overseas government contractors navigating personal injury claims on their own will face an uphill battle. An attorney who’s experienced in these cases can handle all these difficulties so injured parties can focus on recovery.

At Benner Law Firm, our dedicated team of legal professionals is here to help. Contact us at (714) 497-2544 for your free strategy session today.