Maritime Admiralty

Defense Base Act

Enacted in 1941, the initial goal of the Defense Base Act (DBA) was to protect employees who were injured or killed on military bases outside of the United States. Since its establishment, the DBA has been expanded to cover civilian employees working under government contracts for the building of dams, schools, roads and harbors in foreign countries. In addition, the amended version of the DBA includes protection for workers who are sent overseas to assist with projects relating to national security. Today, nearly every contract with the U.S. government that involves work overseas, military or otherwise, requires Defense Base Act coverage.

If you have been injured while working overseas for the U.S. government, our attorneys can help ensure you receive proper benefits. Fill out our free case evaluation to speak with a Defense Base Act attorney today.

Defense Base Act Eligibility

Overseas work is often more dangerous than jobs on American soil. As a result, federal law mandates that U.S. government contractors provide workers' compensation insurance for employees who are injured or killed overseas. Under law, the following employees should be covered by the DBA:

• Workers employed on a military base or reservation outside of the United States
• Workers involved in U.S. government funded public works business outside of the United States
• Employees under a public works or military contract with a foreign government that has been considered vital to U.S. national security
• Workers that offer services funded by the U.S. government outside the umbrella of regular military channels

Even if you are unsure whether your work-related injury falls under the DBA, a quick meeting with a Defense Base Act lawyer can help determine your eligibility.

Benefits under the Defense Base Act

Regardless of fault, injured employees working overseas for the U.S. government are entitled to a variety of benefits under the Defense Base Act. For instance, an injured worker has the right to seek medical treatment from a doctor of their choice. Although the worker has free range in selecting their physician, they must obtain authorization from the employer or insurance company if they wish to change doctors. Additionally, the employer holds the right to send the injured employee to a doctor of their choice to confirm the need for treatment and continuation of benefits. If the injured worker fails to show up at such an appointment, their benefits may be forfeited. In addition to medical treatment, the injured worker is entitled to compensation for medical supplies and travel costs to and from medical appointments.

If a worker cannot return to their job for a period of time following their injury, they may be eligible for disability benefits. Workers are considered "disabled" if they cannot earn the same wages as they did prior to the injury. Disabled workers are typically paid two-thirds of their average weekly wage, subject to a maximum amount. (The maximum limit is adjusted every Oct. 1.)

Employees receiving temporary total disability will be paid two-thirds of their average weekly income (subject to a maximum amount) until the worker can return to work and no longer needs medical treatment. If the injured worker reaches their maximum compensation and cannot return to gainful employment, they will receive permanent total disability benefits, with the cost of living adjusted every Oct. 1.

If a worker is killed on the job, either from an injury or occupational disease, death benefits are paid to the remaining spouse and other eligible relatives. The remaining spouse will receive half of the decedent's average weekly wage for life. If the deceased worker has children, each minor child will receive 16 and 2/3% of the average weekly wage. Survivors can also receive up to $3,000 in funeral expenses.

Injured workers must inform their employer of a work accident within 30 days. Likewise, the employer should send the injured employee their benefits in a timely manner. If you have not received your benefits or have been denied benefits, speak with a Defense Base Act lawyer immediately. There is a time limit to dispute the actions of your employer, so act quickly. Contact our Defense Base Act attorneys today to ensure your rights are protected.