What Compensation Is Available for Civilians Injured While Working with the Military?

San Diego is home to one of the largest concentrations of military installations in the world. From Naval Base San Diego to Marine Corps Air Station Miramar, tens of thousands of civilians work alongside active-duty personnel every day, as contractors, support staff, base employees, and more. When one of those civilians gets hurt on the job, the question of compensation can get complicated fast.

Civilians injured while working with or for the military may have remedies under DBA, FECA, state workers’ compensation, the FTCA, or third-party claims, depending on where they worked, who employed them, and what caused the injury.

Does Workers’ Compensation Cover Military Contractor Injuries?

Standard state workers’ comp often does not apply to civilians injured overseas or in certain federal roles; federal law typically governs these claims.

If you were injured while working as a contractor or subcontractor supporting U.S. military operations, the Defense Base Act (DBA) is likely your primary avenue for compensation. The DBA is a federal law that extends the Longshore and Harbor Workers’ Compensation Act (LHWCA) to cover employees working on U.S. military bases overseas, on public works contracts with the U.S. government outside the continental United States, and under contracts with the U.S. government for national defense or war activities outside the country.

Under the DBA, injured workers can receive compensation for:

• Medical treatment and rehabilitation costs
• Disability benefits based on wage loss (temporary or permanent)
• Vocational rehabilitation if you cannot return to your prior occupation
• Death benefits for surviving family members in fatal cases

DBA claims are administered through the U.S. Department of Labor’s Office of Workers’ Compensation Programs. You can find official information about the DBA at dol.gov.

What If the Injury Happened on a U.S. Military Base Domestically?

Civilians injured on domestic military bases may be covered under FECA, state law, or other federal provisions, depending on the job, employer, and contract structure, so the answer is not determined by location alone.

The answer here turns on who employs you. Federal civilian employees, such as those hired directly by the Department of Defense, are covered under the Federal Employees’ Compensation Act (FECA). FECA provides benefits for medical care, wage replacement during disability, and, in cases of permanent impairment, compensation based on the nature of the injury. The U.S. Department of Labor administers FECA claims through its Office of Workers’ Compensation Programs as well. More information is available at dol.gov/agencies/owcp/dfec.

Private contractors at domestic installations are often covered by state workers’ compensation, but coverage depends on the worker’s employer and the specific contract and workplace facts. The California Department of Industrial Relations oversees this process. Details are available at dir.ca.gov.

Can a Civilian File a Civil Lawsuit for Military-Related Injuries?

Suing the federal government directly is restricted under sovereign immunity, but limited legal pathways do exist for certain civilian injury claims.

This is where many injured civilians run into a wall. The federal government cannot be sued without its consent. That said, the Federal Tort Claims Act (FTCA) does allow civilians to bring claims against the U.S. government for injuries caused by the negligent or wrongful acts of federal employees acting within the scope of their employment. If a government employee’s negligence contributed to your injury, the FTCA may provide a path to compensation.

There are strict procedural requirements under the FTCA. You must file an administrative claim with the relevant federal agency within two years of the date of injury, and the claim must be finally denied or ignored for six months before a lawsuit can be filed. If the agency denies the claim or fails to respond within six months, you can then file a lawsuit in federal district court. More details on the FTCA process are available through the Department of Justice at justice.gov/civil/federal-tort-claims-act.

One critical limitation: active-duty military personnel cannot bring FTCA claims against the government under the Feres doctrine. But civilians are not subject to that restriction, which is a meaningful distinction.

What About Third-Party Liability?

If a party other than your employer caused or contributed to your injury, a third-party personal injury claim may be available alongside any workers’ comp benefits.

Workers’ compensation and DBA benefits are generally the exclusive remedy against your employer. But if a third party, such as an equipment manufacturer, a subcontractor, or another private company, contributed to your injury, you may have the right to pursue a separate civil claim against that party. These claims can include damages that workers’ comp does not cover, such as pain and suffering, as well as the full scope of lost earnings.

Third-party claims require a thorough investigation of the facts, including a clear understanding of the contractual relationships involved and who controlled the conditions that led to the injury.

How Benner Law Firm Can Help

Civilian injury claims involving military contractors, federal installations, and government liability require a firm that understands both federal and state law. At Benner Law Firm, we represent civilians throughout San Diego who have been hurt in these situations. We take the time to identify every compensation avenue available and pursue the claims that fit your specific circumstances.

If you or someone you know was injured while working with or near the military, call us at 619-941-0456 or contact us to discuss your situation. There is no obligation, and understanding your options costs nothing.