What You Need to Know About Defense Base Act Coverage

If youre working for the U.S. military abroad or under a government contract, understanding your Defense Base Act coverage is essential. This coverage, which extends the federal workers' compensation program to employees working outside the U.S., ensures that workers are protected in case of injury or illness while working in foreign locations.

However, some employers may attempt to avoid their legal obligations, failing to provide this crucial coverage or withholding compensation after an injury. If you find yourself in such a situation, its important to contact RIE Law. Our team is experienced in handling Defense Base Act claims and can help you recover the compensation youre legally entitled to.

Heres a complete guide to understanding Defense Base Act insurance and what you need to do if you find yourself needing coverage.

What Is Defense Base Act Insurance?

The Defense Base Act (DBA) provides essential workers' compensation coverage to civilians employed under U.S. government contracts overseas. Initially enacted in 1941, this act ensures that employees working on U.S. military bases or public works projects related to national defense are protected in case of injury or death.

Employers hiring workers for government contracts abroad are legally required to provide Defense Base Act insurance. This includes civilians working directly with military contractors and any other qualified employees supporting U.S. government operations abroad.

When Is Defense Base Act Coverage Required?

Defense Base Act insurance is mandatory for employees working outside the U.S. under government contracts, including those supporting military operations or involved in defense-related public works. However, grant work is not covered under this act.

If the recipient of the government grant hires contractors to work on the project, those contractors may still be eligible for Defense Base Act coverage, provided the contract is approved and funded by the U.S. government.

Can Foreign Workers Be Exempt from DBA Coverage?

Yes, foreign workers can be exempted from Defense Base Act insurance coverage in certain situations. The U.S. Department of Labor may grant waivers to exclude foreign nationals hired outside the U.S. from DBA coverage. However, these waivers may become invalid if local laws fail to provide alternative workers' compensation coverage.

Its important to note that U.S. citizens or legal residents cannot be excluded from Defense Base Act coverage, regardless of where they were hired.

What Does Defense Base Act Insurance Cover?

Defense Base Act insurance provides comprehensive coverage, including:

• Medical Benefits: Covers medical treatment, including mental health care.

• Disability Benefits: Compensation for both temporary and permanent disabilities resulting from a workplace injury.

• Death Benefits: If an employee passes away due to a work-related injury, their dependents may receive financial compensation.

• Wage Loss Benefits: Employees who are unable to work due to injury or illness may receive up to two-thirds of their average weekly earnings.

For surviving dependents, benefits can include up to two-thirds of the decedent's average weekly wage, depending on the number of dependents.

How to File a Defense Base Act Claim

To file a Defense Base Act claim, submit Form LS-203 to the Office of Workers' Compensation Programs (OWCP) within one year of your injury or within two years from when you became aware that the injury was work-related. Claims can be filed electronically, by fax (202-513-6814), or by mail to the OWCPs Florida Division office.

For death benefits, youll need to notify your employer by providing Form LS-201. Given the complexity of the claims process, consulting an attorney can ensure that all forms are filed correctly and that you meet all necessary deadlines.

Can the Office of Workers' Compensation Programs Assist with Your Claim?

The Office of Workers' Compensation Programs (OWCP) oversees the administration of Defense Base Act coverage. They handle claim reviews, dispute resolution, and ensure compliance with federal laws. While they provide some support, they are not there to guide you through the claim process.

To increase your chances of a successful claim, its wise to work with a Defense Base Act lawyer who can help navigate the legal complexities, ensure proper documentation, and maximize the compensation you receive.

Why You Need a Defense Base Act Attorney

Although the Defense Base Act was created to protect workers, claims related to DBA coverage are not always straightforward. Employers or insurers might try to deny your claim, especially if youre dealing with delayed injuries such as hearing loss or mental health conditions like PTSD.

If youve been injured while working on a U.S. government contract abroad, you need an experienced Defense Base Act attorney to protect your interests and ensure you get the compensation you deserve. RIE Law specializes in Defense Base Act claims, and our skilled attorneys are ready to guide you through the process from start to finish, making sure you dont miss any critical steps.

If youve been injured while working on a government contract overseas, contact RIE Law today at (904) 500-RIE (7483) or email info@rie4justice.com to speak with an experienced attorney.