Defense Base Act FAQs
The Defense Base Act (DBA) is an important federal law that provides disability compensation, medical treatment, and death benefits to employees of U.S. government contractors who are injured or killed while performing work overseas.
As a veteran-owned and operated law firm, MJA is committed to ensuring that U.S. government contractors and their families receive the maximum benefits and legal protections they are entitled to under law. Our experienced Defense Base Act attorneys can investigate your case, provide trusted advice, and properly submit a claim for benefits. Best of all, you don’t pay any out-of-pocket expenses for our services.
If you or a loved one were injured while working as a U.S. government contractor overseas, you might be able eligible for benefits under the Defense Base Act. Below are some of the most frequently asked questions (FAQs) about Defense Base Act. Review them and then call us today at (843) 773-5501 for a free consultation.
Frequently Asked Questions
1. What is the Defense Base Act (DBA)?
The DBA is an extension of the Longshore and Harbor Workers' Compensation Act (LHWCA) which is a federal law that provides disability compensation and medical benefits to employees of U.S. government contractors who perform work overseas. The DBA also provides death benefits to eligible survivors of U.S. contractors who are killed while working overseas.
2. Who is typically covered under the DBA?
You are likely covered by the DBA if you:
- Work for a private employer on a U.S. military base or foreign land used by the U.S. military;
- Work on “public work” contracts with a U.S. government agency, including those related to construction and service related to the U.S. military;
- Work on foreign land for a contract funded by the Foreign Assistance Act; and/or
- Work for an American employer that provides welfare or similar services outside the U.S. for the benefit of the Armed Services (like the USO).
3. What is “public work” under the DBA?
The DBA defines “public work” as “any fixed improvement or any project, whether or not fixed, involving construction, alteration, removal, or repair for the public use of the U.S. or its allies.” Importantly, public work does not have to be expressly related to construction work and includes any project connected with national defense or war activities.
4. Does DBA cover worker injuries and deaths?
Yes. DBA coverage for eligible workers applies when an injury or death occurs during approved work tasks or activities, including transportation to and from the place of employment if the transportation is provided by the employer or a U.S. agency.
5. What benefits can I get under the DBA?
Like workers’ compensation for the average worker, the DBA primarily provides disability and medical benefits to eligible workers, as well as certain death benefits provided to eligible survivors of employees who lost their lives through employment-related causes. Total disability benefits through DBA are usually equal to two-thirds of the worker’s average weekly earnings, up to a cap that changes due to annual cost of living adjustments. Necessary medical treatments related to the work injury are also typically covered.
6. What should I do if I am injured at work?
If you are covered by the DBA and get hurt at work and do not need emergency medical care, you should notify your employer or supervisor as soon as possible. Make sure you maintain a record of all communications. If you need medical treatment, you can also ask your employer for a Form LS-1 Request for Examination and/or Treatment. If you need emergency medical care, get it first and then ask your employer for the right authorization form.
Injured workers are required to give an employer written notice of any injury by submitting a Form LS-201 (Notice of Employee’s Injury or Death) within 30 days of any work-related injury.
7. How do I obtain medical treatment for my injuries?
If you are you seriously injured on the job and need immediate treatment, you should go to the nearest hospital and let your employer know what happened as soon as possible. If it is not an emergency, you can ask your employer to authorize treatment from a medical provider of your choice. The DBA insurance carrier is responsible for paying the cost of medical transportation and/or medical care of any covered injury.
8. Can I receive financial compensation for a work-related disability?
Yes, if you qualify. Employees who are disabled for more than 3 days are eligible for disability compensation, but it is not immediate. Payments typically begin 14 days from the date the employer was notified of the loss in wages but are not overdue until 28 days after they are notified. In other words, the carrier has 28 days to provide you the first payment. If you do not receive your compensation in a timely matter or have questions about the amount you are receiving, you should discuss your case with an attorney.
9. Do you always get disability payments under the DBA?
No, you are likely not eligible to get disability payments (wage replacement benefits) if you miss 3 or fewer days of work due to your injury. However, you should be eligible for medical benefits if you are injured at work or while performing DBA-covered work, regardless of how many days or shifts you miss.
10. Are all employers of DBA-eligible workers required to carry workers’ comp insurance?
Under the DBA, any employer, which includes contractors and subcontractors, that hires workers under circumstances covered by the DBA must secure workers’ compensation insurance or gain permission to be self-insured. If your employer claims that they did not have to provide you with DBA workers’ compensation coverage, they might be mistaken. Always talk to an attorney if you have any questions about the benefits that may be owed to you.
11. Do I have to pay out-of-pocket for an attorney?
No, you don’t pay any out-of-pocket expense for our services. We will keep track of the amount of time we spend on your case, and the expenses generated in representing you for your claim. At the end of a successful claim, we file a petition with the court and ask the court to order the insurance company to pay our legal fees. If your case is settled, then our fees will likely be negotiated with the insurance company.
12. Can MJA represent me if I live overseas or in another state?
Yes. The Defense Base Act applies around the world and our attorneys can represent you regardless of where you are currently located. When there is a deposition or hearing taking place on your case, your attorney will come to you and meet with you in person or coordinate with you through video telephonic conference.
CONTACT MJA TODAY
MJA is committed to ensuring that U.S. government contractors and their families receive the maximum benefits they are entitled to under law. MJA has successfully helped injured contractors just like you obtain medical benefits and financial compensation under the DBA. Our experienced attorneys can investigate your case, provide trusted advice, and help you submit a claim. Contact us today for your free consultation.
