The Defense Base Act provides coverage for U.S. servicemen and women, as well as contractors working for the United States on military bases. Understanding this act will help you understand your rights as a worker and when you and your loved ones are entitled to coverage.
In the following article, we’ll go over the Defense Base Act, including how to file a claim under the act, how to fight claim denials and the benefits of having certified legal representation.
Attorney for Defense Base Act Claims
The US provides strong coverage for its military base workers. The age and history of the Defense Base Act also play a strong role; over the years the Act has been expanded, and as cases come through the court system, more workers find protection. However, there are still times when the DBA fails to provide rightful coverage to employees, or when employers attempt to skirt around the compensation they are legally required to provide.
In those cases, you need to employ strong, dedicated, and experienced attorneys familiar with maritime law. The lawyers at BoatLaw, LLP (formerly Anderson Carey Williams & Neidzwski) have decades of experience litigating personal injury and death claims. Appealing insurance claims is difficult, and it is unlikely that companies will take you seriously unless you have strong representation.
Call 1 (800) 262-8529 to secure an initial consultation.
We litigate maritime cases across the country from our offices in Alaska, Washington, Oregon, and California. We handle cases that occur in the Pacific Ocean, Bering Sea, Coos Bay, The Columbia River, Grays Harbor, Port Angeles, Lake Tahoe, Dutch Harbor, and the Gulf of Alaska.
Do not settle for less than what your case is worth.
Information Center
- What is the Defense Base Act
- What Types of Injuries or Accidents are Covered Under the Defense Base Act
- Who Can File a Claim Under the Defense Base Act
- What is the Legal Process for Defense Base Act Claims
- Where are Defense Base Act Claims Filed?
- How Does a Victim’s Rights Under the Defense Base Act Affect Their Rights Under State Law
- Are There Any Exclusions or Limitations to Filing a Claim Under the Defense Base Act
- What Are the Potential Damages for Injury and Wrongful Death Claims Under the Defense Base Act
- What Is the Role of Insurance Companies as They Relate to the Defense Base Act
- What Are Common Defenses Against Injury Claims Under the Defense Base Act
- How Does the Defense Base Act Affect Workplace Safety
- Is There Any Overlap Between the Defense Base Act and Other Maritime Laws
- Are There Time Limits for Filing an Injury Claim Under the Defense Base Act
- How Does a Defense Base Act Lawyer Help a Victim
- Additional Resources
- Hire a Defense Base Act Lawyer
What is the Defense Base Act
Enacted in 1941, the DBA was designed to ensure that civilian employees supporting military operations during World War II and subsequent conflicts would have adequate workers’ compensation coverage. It remains relevant as the U.S. continues to employ civilians in overseas military and public works projects.
The DBA ensures that employees working in potentially hazardous conditions overseas are protected and that their families receive support in case of injury or death related to their employment.
The act provides medical treatment, compensation for lost wages, and death benefits to employees or their dependents in the event of a work-related injury or death. The benefits are similar to those provided under the Longshore and Harbor Workers’ Compensation Act (LHWCA).
What Types of Injuries or Accidents are Covered Under the Defense Base Act?
The Defense Base Act (DBA) covers a wide range of work-related injuries and illnesses that can occur to employees working under its jurisdiction. Here are the types of injuries and conditions typically covered:
Physical Injuries: This includes injuries resulting from accidents, such as:
- Falls, slips, and trips.
- Equipment-related injuries.
- Vehicle accidents.
- Burns, cuts, and lacerations.
- Fractures and dislocations.
- Repetitive strain injuries (e.g., carpal tunnel syndrome).
Occupational Diseases: Illnesses or diseases contracted as a result of workplace conditions, including:
- Respiratory diseases due to exposure to harmful substances (e.g., asbestos, chemicals).
- Skin conditions from contact with hazardous materials.
- Hearing loss due to prolonged exposure to loud noise.
Psychological Injuries: Mental health issues resulting from employment conditions, such as:
- Post-Traumatic Stress Disorder (PTSD).
- Anxiety and depression.
- Stress-related disorders.
War Hazards: Injuries or deaths resulting from war-related activities, including:
- Injuries from hostile actions (e.g., gunfire, explosions).
- Injuries from terrorist attacks.
- Injuries from military operations.
Cumulative Injuries: Injuries that develop over time due to repetitive motions or prolonged exposure to harmful conditions.
Fatal Injuries: Death resulting from any work-related incident or condition is also covered, providing death benefits to the employee’s dependents.
Who Can File a Claim Under the Defense Base Act
There are two main groups who can file a claim under the Defense Base Act:
Employees: Civilian employees working outside the United States on:
- U.S. military bases.
- Public works contracts with U.S. government agencies.
- Contracts related to national defense or war activities.
- Contracts approved and funded under the Foreign Assistance Act.
Dependents: If an employee dies as a result of a work-related injury or illness, their dependents (spouse, children, or other family members) can file a claim for death benefits. These benefits typically include lost wages, insurance, and so on.
What is the Legal Process for Defense Base Act Claims?
The legal process for filing and resolving claims under the Defense Base Act (DBA) involves several steps, typically coordinated through the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP). Here is a step-by-step outline of the process:
Injury or Illness Occurs
The employee sustains a work-related injury or illness.
Notification
Both the employee and the employer are obligated to notify the appropriate channels as soon as possible. We’ve included who each should contact below.
Employee: The injured employee must notify their employer of the injury or illness as soon as possible. This is usually done using Form LS-201 (Notice of Employee’s Injury or Death).
Employer: The employer is then required to notify the OWCP of the injury or illness, usually by filing Form LS-202 (Employer’s First Report of Injury).
Medical Treatment
The employee should seek immediate medical treatment for the injury or illness. The employer is responsible for providing authorization for medical care.
Filing a Claim
Employee: The injured employee or their dependents must file a formal claim for compensation with the OWCP using Form LS-203 (Employee’s Claim for Compensation). This form should be filed within one year from the date of injury or from the date the employee becomes aware that the injury or illness is work-related.
Employer: The employer must report the injury to their insurance carrier and provide the necessary documentation.
OWCP Review
The OWCP reviews the claim and may request additional information or documentation from the employee, employer, or healthcare providers.
If the claim is straightforward and uncontested, the OWCP will approve it, and the insurance carrier will begin paying benefits.
Dispute Resolution
If there is a dispute regarding the claim, the OWCP may attempt to resolve it through informal conferences or mediation.
If disputes cannot be resolved informally, the case may be referred to the Office of Administrative Law Judges (OALJ) for a formal hearing.
Formal Hearing
During the hearing, both parties (employee and employer/insurance carrier) present evidence and arguments.
An Administrative Law Judge (ALJ) issues a decision based on the evidence presented.
Appeals
If either party disagrees with the ALJ’s decision, they can appeal to the Benefits Review Board (BRB).
Further appeals can be made to the U.S. Court of Appeals and, ultimately, to the U.S. Supreme Court if necessary.
Payment of Benefits
Once a claim is approved, the insurance carrier pays medical expenses, compensation for lost wages, and any other applicable benefits to the injured employee or their dependents.
Ongoing Medical Care and Benefits
The employee continues to receive medical care and compensation as needed, and the insurance carrier handles payments and case management.
Where are Defense Base Act Claims Filed?
Report the Injury: The injured employee (or a representative) must report the injury or illness to their employer as soon as possible.
Medical Treatment: Seek immediate medical treatment and inform the healthcare provider that the injury is work-related.
File a Claim: The employee or their dependents must file a formal claim with the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP). This usually involves completing and submitting the necessary forms, such as:
- Form LS-201 (Notice of Employee’s Injury or Death)
- Form LS-203 (Employee’s Claim for Compensation)
Documentation: Provide documentation supporting the claim, such as medical records, accident reports, and any other relevant evidence.
Employer’s Responsibility: The employer must report the injury to the OWCP and provide the necessary documentation.
OWCP Review: The OWCP reviews the claim, and if necessary, conducts hearings to resolve any disputes.
How Does a Victim’s Rights Under the Defense Base Act Affect Their Rights Under State Law?
The Defense Base Act (DBA) provides federal workers’ compensation coverage for employees working under specific conditions overseas. Because it is a federal law, it preempts state workers’ compensation laws for the covered employees.
Exclusive Remedy
The DBA is considered the exclusive remedy for employees covered under its provisions. This means that if an employee is eligible for DBA benefits, they cannot seek additional compensation under state workers’ compensation laws for the same injury or illness. The federal law supersedes state law in these cases.
Federal Jurisdiction
Claims under the DBA are handled through the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP), rather than state workers’ compensation boards. This ensures uniformity in handling claims, as federal regulations take precedence.
Preemption of State Law
Because the DBA provides comprehensive coverage, it preempts state workers’ compensation laws for employees covered by the act. This means state laws and benefits systems do not apply to these workers, and all claims must be pursued through the DBA framework.
Differences in Benefits
The benefits provided under the DBA may differ from those available under state workers’ compensation laws. The DBA includes provisions for medical treatment, compensation for lost wages, and death benefits, similar to state laws but governed by federal regulations.
Legal Process
The legal process for filing claims, resolving disputes, and appealing decisions under the DBA follows federal procedures, which can differ from state processes. Employees and employers must navigate the DBA-specific legal framework rather than state-based systems.
Exclusivity and Exceptions
While the DBA is generally the exclusive remedy, there might be exceptions or additional claims in specific circumstances, such as claims against third parties not covered by the DBA.
Are There Any Exclusions or Limitations to Filing a Claim Under the Defense Base Act?
Although it provides comprehensive defense for overseas workers, the Defense Base Act does include certain limitations to filing claims:
Non-Covered Employment
The DBA specifically covers civilian employees working outside the United States on military bases or under contracts with the U.S. government for public works or national defense.
Employees not working under these specific conditions or outside the scope of these contracts may not be covered by the DBA.
Non-Work-Related Injuries
Injuries or illnesses must be directly related to the employee’s work. Injuries occurring outside of work, or due to activities not related to employment, are not covered.
For example, injuries sustained during personal activities or off-duty hours generally do not qualify for DBA benefits.
Intentional Self-Harm
Injuries resulting from the employee’s willful intent to harm themselves are excluded from DBA coverage.
Self-inflicted injuries or those resulting from the employee’s deliberate actions to cause harm do not qualify for benefits.
Substance Abuse
Injuries or deaths resulting from the employee’s intoxication or drug use are typically excluded.
If an injury or death is found to be caused by the employee’s intoxication from alcohol or drugs, the claim may be denied.
Failure to Follow Safety Protocols
Injuries caused by the employee’s failure to adhere to established safety protocols or use provided safety equipment may be excluded.
Employers may argue that the injury was a result of the employee’s negligence in following safety rules.
Statute of Limitations
There are time limits for filing claims under the DBA. Generally, the employee must file a claim within one year of the injury or the date they became aware that the injury or illness was work-related.
Failing to file within this timeframe can result in the claim being denied.
Contractor Exclusions
Certain contractors or subcontractors may have specific exclusions or limitations based on the terms of their contracts with the government.
It is important to review the contract terms to understand any specific exclusions that may apply.
Coverage Determination
The determination of coverage under the DBA is made by the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP).
In cases of dispute, the OWCP and, if necessary, the Office of Administrative Law Judges (OALJ) and higher courts, will make the final determination.
What Are the Potential Damages for Injury and Wrongful Death Claims Under the Defense Base Act?
The potential damages for injury or wrongful death include compensation for medical expenses, lost wages, and death. These damages can be split into two categories, injury and wrongful death.
Injury Claims
- Medical Benefits:
- Medical Treatment: Full coverage of reasonable and necessary medical, surgical, and hospital services, along with medications and supplies required to treat the work-related injury.
- Rehabilitation: Coverage for physical therapy, vocational rehabilitation, and other necessary rehabilitation services.
- Compensation for Lost Wages
- Temporary Total Disability (TTD): If the injured employee is unable to work temporarily, they may receive compensation at a rate of two-thirds (66.67%) of their average weekly wage, subject to maximum limits.
- Temporary Partial Disability (TPD): If the employee can work in a limited capacity, they may receive compensation for the difference between their pre-injury wages and their post-injury earning capacity.
- Permanent Total Disability (PTD): If the employee is permanently unable to work, they may receive compensation at a rate of two-thirds of their average weekly wage for the duration of the disability.
- Permanent Partial Disability (PPD): If the employee has a permanent impairment but can still work, compensation is provided based on the nature and extent of the disability, often according to a schedule of benefits for specific body parts.
- Vocational Rehabilitation:
- If the injury prevents the employee from returning to their previous job, they may receive vocational training to help them find new employment.
Wrongful Death
- Death Benefits:
- Surviving Spouse and Children: If an employee dies due to a work-related injury, their surviving spouse and children are entitled to death benefits. The spouse typically receives 50% of the employee’s average weekly wage, and each child receives an additional 16.67%, subject to a family maximum of two-thirds (66.67%) of the average weekly wage.
- Other Dependents: If there is no surviving spouse or children, other dependents (e.g., parents, siblings) may receive benefits according to a specific schedule.
- Funeral Expenses:
- Reasonable funeral and burial expenses are covered, up to a specified maximum amount.
Additional Damages
Cost-of-Living Adjustments: In some cases, the compensation amounts may be adjusted for cost of living increases.
Attorney’s Fees: If the claim is contested and the employee or their dependents prevail, the employer may be required to pay reasonable attorney’s fees.
What Is the Role of Insurance Companies as They Relate to the Defense Base Act?
Insurance companies are responsible for providing coverage to employees and to administer claims. They are also responsible for compliance laws and reporting insurance fraud, and for resolving disputes. Finally, insurance companies are supposed to provide support for employees and manage risk.
Defenses Against Injury Claims Under the Defense Base Act
To counter injury claims, employers and their insurance companies may employ a number of defenses. These generally include contesting that the injury occurred in the course of the employee’s duties or that the employee is not covered under the employer’s policy.
- Non-Work-Related Injury:
- Argument: The injury or illness did not occur within the scope of employment or is not related to the employee’s job duties.
- Evidence: Medical records, witness statements, and other documentation showing that the injury occurred outside of work or due to non-work-related activities.
- Pre-Existing Condition:
- Argument: The employee’s condition existed before their employment and was not caused or aggravated by their work.
- Evidence: Medical history and records indicating that the condition was pre-existing and not significantly worsened by work activities.
- Failure to Report Injury Timely:
- Argument: The employee did not report the injury within the required timeframe, typically within 30 days of the injury or awareness of the injury.
- Evidence: Lack of timely injury reports or notification to the employer.
- Intoxication or Drug Use:
- Argument: The injury was caused by the employee’s intoxication from alcohol or illegal drugs at the time of the incident.
- Evidence: Drug and alcohol test results, witness testimony, or other evidence indicating intoxication.
- Willful Misconduct:
- Argument: The injury resulted from the employee’s willful misconduct, including intentional self-harm, violation of safety regulations, or engaging in dangerous activities without authorization.
- Evidence: Documentation of the employee’s actions, safety violations, and any relevant company policies.
- Lack of Medical Evidence:
- Argument: There is insufficient medical evidence to prove that the injury or illness is work-related or that it requires compensation.
- Evidence: Expert medical opinions, lack of medical records supporting the injury claim, or conflicting medical reports.
- Employee Not Covered by DBA:
- Argument: The employee’s work does not fall under the scope of the DBA, such as work not related to military bases, public works, or national defense contracts.
- Evidence: Employment records, contract details, and job descriptions showing that the employee’s work is not covered by the DBA.
- Failure to Follow Medical Advice:
- Argument: The employee did not follow prescribed medical treatment or rehabilitation, which exacerbated their condition or delayed recovery.
- Evidence: Medical records showing non-compliance with treatment recommendations and evidence of the impact on recovery.
- Discrepancies in Claim:
- Argument: Inconsistencies in the employee’s account of the injury or discrepancies between different pieces of evidence.
- Evidence: Contradictory statements, witness testimonies, and inconsistencies in medical records or injury reports.
- Independent Medical Examination (IME):
- Argument: Findings from an independent medical examination contradict the employee’s claim regarding the extent or cause of the injury.
- Evidence: IME reports from medical professionals not affiliated with the employee’s treating physician.
How Does the Defense Base Act Affect Workplace Safety?
The Defense Base Act provides a set of protections for workers and seeks to ensure that employees and their dependents can receive the medical attention they may need after receiving an injury, and be taken care of in the case of death.
Employers enforce more stringent safety measures to avoid claims because they can be held liable for worker’s compensation. This may not be true across the board, but it is the goal of the act.
Is There Any Overlap Between the Defense Base Act and Other Maritime Laws?
Yes.
The Defense Base Act overlaps strongly with other maritime laws, including the Longshore and Harbor Worker’s Compensation Act. Generally, the DBA extends the coverage of the LHWCA, as it includes all employees of U.S. military bases.
The starkest difference between the DBA and LHWCA is the filing process.
Are There Time Limits for Filing an Injury Claim Under the Defense Base Act?
An employee must notify their employer of a work-related injury or illness within 30 days of the incident or the date they became aware of the injury or illness. Failure to notify the employer within this timeframe can result in the loss of benefits unless the employer had actual knowledge of the injury or illness.
In terms of filing a formal claim for benefits, the DBA requires that a claim be filed within one year of the date of injury or the last payment of compensation, whichever is later. If a claim is not filed within this timeframe, the employee may lose the right to receive benefits under the DBA.
What Steps Should You Take Immediately After an Injury to Protect Your Rights Under the Defense Base Act?
Seek Medical Attention: First and foremost, attend to any injuries by getting medical help immediately.
Report the Accident: Notify your supervisor or the shipowner about the accident as soon as you can.
Document the Scene: Take the time to document the accident scene and collect contact information from any witnesses.
Keep Medical Records: Preserve all medical records and receipts connected to the injury. These documents are crucial for any potential legal claims.
How Does a Defense Base Act Lawyer Help a Victim?
A Defense Base Act (DBA) lawyer assists victims by providing legal advice and guidance, helping them file claims accurately and on time, representing them in legal proceedings, negotiating with insurers for fair benefits, and aiding in the appeals process if a claim is denied. Their expertise ensures victims receive rightful compensation and navigate the DBA’s complexities effectively.
Additional Resources
U.S. Department of Labor – Office of Workers’ Compensation Programs (OWCP) – This suborganization of the US Department of Labor is responsible for administering claims under the LHWCA and the Defense Base Act. Visit the Division of Longshore and Harbor Workers’ Compensation (DLHWC) website to learn more about the Defense Base Act and how claims are handled.
List of Approved DBA Insurance Providers – In order to provide insurance under the defense base act, providers must qualify under a set of criteria. The US Department of Labor keeps a list of all 700 qualified insurance providers currently registered, including both self- and provided insurance carriers.\
US Department of Labor – Read more about the DBA directly from the US Department of Labor.
Longshore and Harbor Workers’ Compensation Act (LHWCA) – The LHWCA is the base provision for insurance under US law for many workers that would seek compensation at a military base. Reading about the LHWCA can help you become more informed on your exact rights as they pertain to the extensions provided under the DBA.
Hire a Defense Base Act Lawyer
If you or a loved one have been injured or died while working at a US military base, you are likely entitled to compensation under the Defense Base Act.
Call 1 (800) 262-8529 to secure an initial consultation.
We litigate maritime cases across the country from our offices in Alaska, Washington, Oregon, and California. We handle cases that occur in the Pacific Ocean, Bering Sea, Coos Bay, The Columbia River, Grays Harbor, Port Angeles, Lake Tahoe, Dutch Harbor, and the Gulf of Alaska.
Do not settle for less than what your case is worth.
