Benefits Under the Defense Base Act

Helping Clients Get the Benefits They Deserve After a Workplace Injury

If you have been injured while working on a U.S. military base or facility overseas, you may be entitled to DBA Claim benefits under the Defense Base Act (DBA). The DBA is a special workers’ compensation program under the Harbor Workers Compensation Act that provides medical and income benefits to civilian employees who are injured or become ill due to their work.

At the Benner Law Firm, we have represented injured DBA workers in California for many years. We thoroughly understand the DBA and how to navigate the claims process. We will fight to get you the full amount of DBA benefits you are entitled to under the law.

If you have been hurt in a workplace accident, don’t wait to get help. Contact us today at 714-497-2544 to schedule a free consultation with an experienced Defense Base Act lawyer. We represent clients in California statewide.

Why Do I Need a Defense Base Act Attorney in California?

Several benefits are available under the Defense Base Act, including medical benefits, wage replacement, and death benefits. If you are a California resident injured while working on a defense base, speaking with an experienced Defense Base Act attorney is essential. Your lawyer can help ensure you get the Defense Base Act coverage you are entitled to. Rather than self-insurance, which merely provides the minimum compensation rate, your DBA coverage may include future expenses, non-economic damages, and more. However, filing a claim can be complex and requires providing numerous documents. Individuals who attempt to file with DBA insurance often make mistakes that result in delays or denials. With a personal injury attorney on your side, you have better chances of getting your DBA insurance claim approved and collecting the financial compensation you require.

Some duties your Defense Base Act lawyer can perform include:

• Ensuring you get appropriate medical treatment to speed up your recover
• Investigating the accident to provide evidence that backs up your statement
• Submitting your Defense Base Act claim to the proper government agency
• Collecting documentation from medical providers to prove the extent of your injuries
• Offering legal counsel on how to maximize your DBA benefits
• Handling any legal matters that arise so you can focus on resting and recovering

Defense Base Act lawyers at The Benner Law Firm have a wealth of experience helping clients navigate the claims process and obtain the full benefits they are entitled to. We will work tirelessly on your behalf to help you get the best possible outcome in your case. Contact us today to schedule a free consultation regarding your worker’s compensation benefits.

How Does the Harbor Workers Compensation Act Protect Me?

American employers providing welfare on military bases worldwide deserve protection for the risks they take in supporting the national defense. These individuals may not be service members, but they make it possible for the American military to operate and are protected under the Defense Base Act, which is a part of the Longshore and Harbor Workers Compensation Act.

Covered employees injured while on-the-job may collect compensation benefits for medical treatment, emotional trauma, disability compensation, and more. Additionally, family members of someone who pays the ultimate sacrifice and loses their life may be eligible to recover death benefits, including loss of companionship and funeral expenses (within reason).

It is crucial to discuss your case with a knowledgeable DBA attorney while seeking medical treatment and recovering from your illness. Because of the California’s statute of limitations, you have a certain time period to file a claim or you may forfeit your right to compensation. Contact our law firm right away for compassionate attorneys who will listen to your story and ensure you get the DBA coverage you are entitled to.

What Injuries Are Eligible for Compensation Under the Defense Base Act?

Persons employed by the United States government for military purposes may successfully recover financial compensation through DBA claims. With few exceptions, injuries received while these individuals perform work overseas are covered through the Longshore and Harbor Workers Compensation Act (LHWCA). A Defense Base Act attorney can help you determine whether you qualify for compensation and represent you before an administrative law judge and the benefits review board to get the most favorable outcome possible.

Some injuries that could qualify for insurance coverage under the LHWCA include:

• Spinal cord injuries
• Traumatic brain injuries
• Amputation
• Permanent total disability
• Permanent partial disability
• Injuries related to burn pit exposure, including cancer, respiratory illness, and more
• Severe burns
• Hearing loss
• Blindness
• Occupational diseases
• Illness related to toxic chemical exposure
• Gunshot wounds
• Depression and anxiety
• Mood disorder related to traumatic experiences
• Death

Unfortunately, the insurance company is unlikely to cover the many expenses related to these injuries. Employees engaged in dangerous occupations as government contractors may be eligible for DBA benefits through the Longshore and Harbor Workers Act and the War Hazard Compensation Act. Just like private employers who must provide compensation for workers’ injuries, the United States government also promises protection to government contractors.

Our law firm helps employees hired by the U.S. military with filing claims and submitting documentation to recover the damages they deserve. Whether victims are citizens, legal residents of the U.S., or citizens of another country, we can help discover what benefits you deserve. Call our law office today for help with your Defense Base Act claim and see what a difference working with knowledgeable attorneys can make.

What Are the Defense Base Act Benefits?

Defense Base Act benefits is a program that provides alternative workers’ compensation benefits to covered employees injured while working on U.S. military bases or under contract with the U.S. government outside the United States. The Defense Base Act benefits are administered by the Department of Labor’s Office of Workers’ Compensation Programs (OWCP).

The Defense Base Act benefits are mandatory for all contractors and subcontractors engaged in federally-funded public works contracts outside of the United States, regardless of the size of the contract. In addition, federal law mandates that Defense Base Act disability and medical benefits be provided to all employees who work on these contracts, regardless of their citizenship or immigration status.

Defense Base Act benefits provide medical and income benefits to workers who are injured or become ill due to their work on a U.S. military base or under a U.S. government contract outside of the United States.

Medical benefits under the Defense Base Act benefits include all necessary medical treatment, including hospitalization, surgery, and rehabilitation services. Income benefits replace a worker’s income if they are hurt and can’t return to work.

The Defense Base Act benefits also provide death and survivor benefits to the families of workers who are killed or die while working on a defense base or under a defense contract outside the United States. Also, the injury or death must have been caused by war, uprising, or an act of hostility by a foreign enemy.

If you believe that you or your loved one may be eligible for defense base act benefits, it is crucial to contact an experienced attorney as soon as possible to discuss your case.

Medical Benefits

Defense Base Act (DBA) insurance provides medical benefits to civilian employees who are injured or become ill while working on a U.S. military base or under a U.S. government contract in a foreign country. The U.S. Department of Labor requires DBA insurance for all government contracts that exceed a specific dollar amount and are performed outside the United States.

Employees must be seen by a physician of their choice to receive DBA medical benefits, and the medical care must be related to the employment injury or illness. Medical treatment is covered for the duration of the injury or illness.

According to the US Department of Labor website, “DBA insurance covers not only workers’ compensation type injuries (such as back strains incurred while lifting heavy objects) but also war-risk injuries (such as being shot at by enemy soldiers).” The U.S. Department of Labor’s Office of Workers’ Compensation Programs runs DBA insurance.

Disability Benefits

Disability benefits are money given to people who are hurt physically or mentally and can’t work.

There are four types of disability benefits:

• Temporary total – Temporary total benefits are paid to individuals who cannot work for a short period due to their injuries.
• Temporary partial – Temporary partial benefits are paid to individuals who can work but are restricted in the hours or the type of work they can do.
• Permanent total – Permanent total benefits are paid to individuals who can never return to work due to their injuries.
• Permanent partial – Permanent partial benefits are paid to individuals who have permanently lost the use of a body part or have experienced a wage loss due to injuries.

The Defense Base Act provides disability benefits for civilian employees of the federal government who are injured while working abroad. In California, state workers’ compensation laws provide disability benefits for workers who are injured on the job.

Death Benefits

The Defense Base Act (DBA) provides death benefits to eligible survivors of civilian employees who lose their lives while working on a U.S. military base or under a U.S. government contract in a foreign country. To receive death benefits, the deceased employee must have been covered by the DBA, and the survivor must file a claim with the Department of Labor (DOL). The DOL’s Office of Workers’ Compensation Programs (OWCP) is in charge of running the DBA.

Eligible survivors may receive up to $3,000 for funeral expenses and up to 50% of the employee’s average weekly earnings or wages (AWW). If there is no surviving spouse, then one surviving child may receive up to 16 ⅔ of the employee’s average weekly wage in addition to the 50% for a spouse.

Child benefits are paid until age 18 or 23 if the child attends school full-time. Defense Base Act death benefits are paid from the date of death and continue until the earliest of the following dates:

• The date on which all eligible survivors cease to be entitled to benefits;
• The date on which an award for permanent disability is made; or
• Two years after the date of death.

How Does the Claims Process Work When Filing Claims Through the DBA?

Obtaining workers compensation benefits through the Defense Base Act can be complicated. The attorneys at Benner Law Firm have years of experience guiding clients through this complex process, and we can help you navigate the claims procedure as well. However, it can be helpful to know what to expect when filing a claim with the DBA.

Getting insurance coverage in Defense Base Act cases requires submitting a claim for compensation, also known as the LS-203. This document provides details about the injury that occurred while you were performing government-contracted service. These claim forms are critical because the person’s request may be denied or delayed if it lacks proper documentation and evidence.

A claim examiner should then be assigned to your case. They may dispute the claim or agree that it indeed falls under the insurance coverage. Having an attorney on your side can make all the difference when proving to the government agency that you deserve full benefits under DBA coverage.

It is also important to note that the statute of limitations applies to both DBA claims and personal injury cases. California’s statute of limitations is two years, meaning the person must begin the claims process within two years of the injury or they may forfeit the compensation they would otherwise be owed. In certain circumstances, government contractors may have a shorter statute of limitations. This is why speaking with an attorney regarding your DBA insurance claim immediately is essential.

Should You Hire Our Defense Base Act (DBA) Attorneys?

Our Defense Base Act attorneys are here to help you get the benefits you deserve. The Benner Law Firm has successfully represented many clients in Defense Base Act cases, and we can put our experience to work for you. We understand the unique issues you may be facing, and we will fight to get you the maximum benefits possible.

When you are recovering from an injury that occurred while you worked on a military base, the last thing you need is a lengthy legal battle to get the benefits you need. You can count on our legal team for excellent counsel and results when seeking DBA benefits. Contact us today at 714-497-2544 to schedule a free consultation. Let us help you get the Defense Base Act benefits you need and deserve.