What Is the Defense Base Act?

If you are an employee of a U.S. government contractor and have sustained injuries while performing work overseas, you may have a claim for relief under the Defense Base Act.

The Defense Base Act (DBA) is an important piece of federal legislation. An extension of the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), the DBA provides medical benefits and disability compensation to certain civilian employees who are injured on the job outside the United States.

In some cases, the DBA also provides death benefits to survivors of eligible employees. According to one prominent Defense Base Act law firm, even if an employer or carrier denies a claim for death benefits as “arising from natural causes,” you may still be entitled to benefits under what is referred to as the Zone of Special Danger Doctrine.

The DBA can certainly provide great benefits to eligible individuals. However, it remains a complex statute that can be difficult to comprehend. Use the guide below to learn more about the DBA and see whether it may apply to your scenario.

What Employment Activities Does the Defense Base Act Cover?

The Defense Base Act doesn’t apply to just any employee. Specifically, the DBA applies only to employees outside the United States who work:

For private employers on U.S. military bases or on lands used by the U.S. overseas for military purposes;

With any U.S. government agency on public works contracts in connection with war activities or national defense;

On contracts that are approved and funded by the United States under the Foreign Assistance Act; or

For American employers providing welfare of similar services for the benefit of the Armed Forces.

If any of these apply, then the DBA applies to all employees engaged in such employment activities.

Additionally, in the event of an injury or death of an employee while traveling to or from their place of employment, the DBA will also apply if the employer provided the transportation.

Who Can File a Defense Base Act Claim?

Importantly, U.S. citizens are not the only employees who may benefit from the DBA. In fact, so long as one of the employment activities falls within the scope of the Act, the DBA will apply to all eligible employees. This includes U.S. citizens, host country nationals, and third-country nationals, regardless of their nationality.

How to File a Defense Base Act Claim?

There are a few methods of filing your DBA claim.

You can file via fax to the Case Create Fax: (202) 513-6814. Alternatively, you can submit your filing by mail. You can do so by mailing your forms to the Jacksonville Division of Longshore and Harbor Workers’ Compensation Office located at 400 West Bay Street, Room 63A, Box 28, Jacksonville, FL 32202. Lastly, you can file electronically using Longshore’s Secure Electronic Access Portal (SEAPortal) online.

Regardless of which option you choose, always be sure to first speak with an experienced attorney familiar with the Defense Base Act. That way, you can discuss your rights and options before moving forward.

Why Contact an Attorney?

Contacting an attorney can increase your settlement amount. Many times when you try to settle with an insurance company, they give you a "low ball" settlement offer to see if you will just take the money and let the case settle.

Attorneys are aware of this tactic and know how to deal with insurance companies so their clients get the money they deserve. Settling on your own might sound cheaper in the beginning, but working with an attorney will usually save you money in the long run.