A Defense Base Act claim, commonly known as the DBA, is a claim filed with the U.S. Department of Labor’s Office of Worker’s Compensation Programs seeking to obtain medical benefits and recover lost earnings as a result of an injury or death while working under contract for the United States Government overseas.

The Defense Base Act provides “worker’s compensation” coverage to civilian employees working under contract for the United States Government overseas. If you are a US Citizen or Foreign National working for a contractor overseas for the US Government or US Military, and suffer injury or death, the DBA provides medical, economic, or death benefits to you or your dependents.

In 1941, the United States Congress recognized that working as a contractor for the United States on foreign soil can expose you to a variety of risks and dangers. The need to establish a procedure to provide compensation to workers when they are injured – whether physically, emotionally or psychologically – resulted in Congress enacting the Defense Base Act.

The Defense Base Act is a Federal Workers’ Compensation Program designed to cover civilian contractors of all nationalities working overseas in support of the United States military or the US Government.

This DBA affords coverage for workers employed by contractors performing public works for the U.S. Government on U.S. military bases located outside the continental United States, in the U.S. Territories, and in support of military aid programs within allied nations.

Almost any job that is involved with the support of the United States military overseas is covered by the DBA. These jobs include interpreters, security personnel, logistics specialists, truck drivers, electricians, laborers, and more.

Please contact the lawyers at the DBA Law Group to determine if you have a compensable DBA claim.

Generally, an injured worker has one year to file a claim under the DBA, or two years in the case of an occupational disease.

The Defense Base Act was enacted by the Congress on August 16, 1941, to extend the coverage of the Longshoremen’s and Harbor Workers’ Compensation Act of 1927 to civilian employees under contract to the United States to perform “public works” outside the continental United States. Defense Base Act claims are now reported like Longshore claims.

In most cases, an employee or dependent must give notice to the employer in writing within thirty (30) days after the date of injury or death, or within thirty (30) days after the employee or dependent becomes aware there is a relationship between their employment and injury or death.

In the case of occupational disease, which does not immediately result in injury or death, the employee or dependent must give notice to the employer within one (1) year from the date they become aware of the relationship between their employment, the disease, and the injury or death.

Although failure to timely provide notice bars a claim, there is a strong presumption that notice of the claim was timely and the benefits review board goes far to give claimants the benefit of the doubt that notice was timely.

A claim for compensation benefits must be filed within one year after the injury or death or one year from the date the employee or dependent became aware of the relationship between the injury or death and the employment

In the case of death or disability resulting from an occupational disease, the period for filing a claim is extended to two years after the employee or dependent becomes aware there is a relationship between the employment, the disease and the death or disability or within one year from the date of the last payment of compensation, whichever is later.

In summary, claims for injury or death must be filed within one year. Claims for latent injury or death, where the employee or dependent is not immediately aware of the relationship between their work and the injury or death, must be filed within one year from the date they become aware of the relationship. Claims for occupational disease must be filed within two years.

Working as a US contractor on foreign soil exposes you to a variety of risks and dangers. If you are injured on these jobs, you may be entitled to benefits under the Defense Base Act (DBA), a compensation system similar to workers’ compensation for domestic employees. As you might expect, however, you must go through a claims process to acquire your benefits.

Defense base act claims are administered through the United States Department of Labor and, as a result, might take time to complete. Additionally, factual and timing variations among DBA claims differ from case to case, making each claim distinct and each process separate. A knowledgeable Defense Base Act attorney, such as the DBA Law Group, can make the procedure flow smoothly and efficiently.

When you retain the DBA Law Group, we will undertake a proper investigation into the facts of your case and will prepare and file a claim with the Division of Longshore and Harbor Workers’ Compensation (“DLHWC”) to begin the process of your recovery. Certain evidence must be shown to back up the claim.

These include:

Your position as a contractor working in a foreign country.

You sustained injuries and required medical care.

Your injuries occurred while working, were caused by your job, or occurred while stationed abroad, and how you sustained your injuries.

Once your claim if filed, the process could take differing courses before reaching a settlement or going forward to trial. For instance, an insurer could, after a short few weeks or months after your injury, approve full benefits and begin paying you compensation. Alternatively, the insurer may seek further documentation in support of your DBA claim, resulting in delays while the necessary materials are gathered and submitted, or the insurer may instead dispute some or all aspects of your DBA claim.

If the insurer disputes some or all aspects of the claim, the process can then include an informal hearing, an appeal, and ultimately a formal hearing before the Office of Administrative Law Judge (“OALJ”). In the case of a formal hearing, the process can potentially last several years.

Scheduling hearings can often take months. Following the hearing, the OALJ may take many more months before making their decision on your DBA claim. Although historically this process could take up to 18 months, due to delays caused by the pandemic this time period may last even longer.

Contact the lawyers at the DBA Law Group right away so they can work to help you get your claim approved at the start, so you don’t have to wait years for compensation.

There is no cost to you to file a DBA claim. You are not liable for any attorney fees. In addition, the DBA Law Group will cover all up-front costs and expenses. If we are successful and obtain medical benefits or compensation for you, the insurance company is responsible for paying our attorney fees and costs. In the rare case where we are unable to obtain benefits, you owe nothing.

You may believe that you cannot afford to employ an attorney to assist you with your DBA lawsuit, but it is essential to understand – you are not responsible for any costs. One of the most beneficial parts of the Defense Base Act (DBA) is that injured workers or the family members of a deceased employee are not required to pay any legal fees.

DBA lawyers, like any other lawyers, get paid for the time they put into your case seeking your recovery. However, instead of paying out of pocket or agreeing to pay a percentage of your recovery, the insurance company, not you, will pay your DBA lawyer for the hours they put into successfully winning your claim. Whether the case is resolved through settlement or a formal hearing, the Defense Base Act requires the insurance company to pay the fees and expenses. This means you won’t have any out-of-pocket costs, nor will you have to share your recovery with us. The DBA Law Group is prepared to fight to recover all

The DBA Law Group has a strong record of success. However, in the rare case where we are unable to obtain or recover benefits or compensation, you still owe nothing. The DBA Law Group will absorb all costs. In the unfortunate circumstance where we do not prevail, our clients are never required to reimburse us for any fees, expenses, or time spent on their case.

Let the DBA Law Group protect your rights and get what you are entitled to recover under the law at no cost to you. For more information, please Call or Email us today.

The Defense Base Act provides several possible forms of assistance and compensation, including:

• Medical treatment and services,
• Compensation for loss of earnings,
• Compensation for partial disability,
• Compensation for permanent total disability, and
• Death benefits to a surviving spouse or child.

Under the DBA, an employer is responsible to pay for all medical expenses related to the injury. In addition, because the DBA is a wage-loss statute, an injured worker is entitled to recover lost earnings based on the injured worker’s average weekly wage. An injured worker is entitled to recover for both temporary and permanent disability. Disability is defined as the incapacity to earn the wages which the employees was receiving at the time of injury in the same or any other employment.

The DBA requires the Act requires every employer to be liable for, and to secure the payment of, disability, medical, and death benefits to its employees in the event of injury or death.

In most DBA cases, your benefits and compensation are generally paid by a DBA insurance policy that contractors working for the US Government overseas carry in order to provide worker’s compensation coverage for your injuries. Some contractors are self-insured in which case, benefits are paid directly by the employer.

Unfortunately, contractors and insurance companies are in business to make money, not to help you. Payments to injured people are an undesirable cost to both employers and insurance companies so they’ll do everything they can to deny as many claims as possible or pay as little as possible on the claims they cannot deny.

A successful Defense Base Act claim handled by experienced lawyers such as the DBA Law Group, opens to the claimant a wide array of benefits in the form of medical treatment, disability benefits, and death benefits. Such benefits are available as reimbursement or direct payment of medical costs and in the case of lost wages can be paid in regular payments or may be settled for a lump sum. Additionally, the DBA requires the employer or insurance company to pay for your attorney fees and expenses.

Even if you have already received benefits but have reached a point where the insurance company believes you are no longer entitled to compensation and contests further coverage for future medical care or lost wages, the attorneys at the DBA Law Group have the knowledge and experience necessary to determine and collect the entire settlement amount you are entitled to.

The Defense Base Act provides for a large array of benefits to a wide variety of contract workers. Specifically, it covers civilian contractors of all nationalities working overseas for companies in support of the United States military. The Defense Base Act does not discriminate based on nationality or job title.  If the injured worker qualifies as a DBA contractor, then they are entitled to benefits.  No matter where they make their home and no matter the job they performed as a contractor.

Indeed, any job that is involved with the support of the United States military overseas is typically covered by the DBA. These jobs have historically included:

Base and Tower Security

Canine Handlers

Construction Engineers

Cultural Advisors

Electricians

Firefighters

Flight Attendants

Food Service Workers

Heavy Equipment Operators

Interpreters

Laundry Service workers

Linguists

Military and Police Trainers

Personal Security Specialists

Pilots

Social Scientists

Translators

Truck Drivers

Vehicle Mechanics

Welders

No matter the work you did, so long as you were a contractor for the United State on a military base, you likely have a claim. Let the DBA Law Group evaluate and file your claim for benefits.

The DBA establishes a right to workers’ compensation benefits for civilian employees when they are injured while working on a U.S. military base for public works or national defense. This legislation has been law since 19__. As a result, and because of the particular nature of DBA claims, you’ll need a Defense Base Act lawyer who is familiar with this area of the law and who is prepared to fight for you. In addition, hiring counsel demonstrates to the US government that you are serious about your claim and prepared to take it to court.

The DBA is a one-of-a-kind statute with numerous provisions that can have a significant impact on your claim(s). Attempting to navigate this statute without a defense base act lawyer can result in the loss of compensation under the DBA of which you are/were entitled. An experienced Defense Base Act attorney will be well-versed in the act’s ins and outs. This will enable them to assess the merits and limitations of your claim, allowing you to set realistic expectations for your case while obtaining the maximum benefits under the defense base claim act in the most efficient manner. Your attorney can also explain how the claims process works and keep you informed about important developments in your case.

We understand that suffering a work-related injury can be a difficult and stressful experience for you and your family. The gravity of your position, your loss of income and the injuries you suffered all can make it difficult for you to make sensible decisions concerning your claim. The DBA Law Group will not only be there for you in your time of need, but will also assist you in seeing both sides of your claim before it ever enters a courtroom. Your attorney will guide you through the legal process so that you may make sensible decisions that are in your and your family’s best interests.

The finest DBA lawyer is one that will take the time to listen to you explain your case and then commit to being your trusted advocate in and out of court. At the DBA Law Group – a Houston, Texas based law group – we have the patience, knowledge and skills to represent you anywhere in the United States. Whether you have a claim for PTSD or a physical injury, the attorneys at the DBA Law Group are prepared to fight for you!