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Can Injured Workers Get Benefits If Their Employer Has a DBA Waiver?

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what injury victims must know about defense base act waivers

“Most Men would rather deny a hard Truth than face it” - George R.R Martin

The Defense Base Act

While companies in California are required to carry workers’ compensation insurance, the rules are slightly different for overseas employers. Generally speaking, all employees who perform public works and defense contracts overseas are protected from work injuries by the Defense Base Act (DBA). The DBA provides payments for medical costs and lost time from work just as workers’ compensation insurance would; however, not all employees may be able to get their benefits.

My Best Advice

When it comes to handling your Defense Base Act Case, nothing is more important then telling the truth. If a Judge suspects you are not being honest about your case, they will dismiss it before it even gets started. Do not trust the Defense Base Act insurance companies either. They set up traps and tricks to help in any way end your Defense Base Case.

No matter what you do, you must always tell the truth. 

My Second Best Advice

Order my free book, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To the Medical Treatment and Money You and Your Family Deserve. 

Do your research and read the Amazon Reviews. You can win you Defense Base Act Case if you take the necessary and proper steps on handling your case.

What Is a Defense Base Act Waiver?

In some cases, companies performing overseas work may apply for a DBA waiver. If is it granted, the waiver would relieve the employer of his duty to purchase DBA insurance, exempting his employees from the coverage and benefits of the Defense Base Act.

Here are a few important facts all workers should know about DBA waivers:

  • They must be approved by the Department of Labor. The employer (or contracting agency) must submit a request for a waiver for any contract, work location, or class of employees to the United States Department of Labor.
  • U.S. citizens are always covered by the DBA. Even if a DBA waiver is granted by the Department of Labor, it will only extend to foreign employees working for the company in the specified geographic location. All citizens of the U.S., legal U.S. residents, or employees hired in the U.S. will remain subject to the protections of the Defense Base Act.
  • Approval does not relieve the employer from workers’ comp liability. In order for a DBA waiver to be approved, the employer must offer an alternative workers' compensation program that will give the excepted employees injury benefits. If there are no local workers' compensation requirements by law, local and foreign nationals employed by U.S. contract will remain covered by the DBA.

The important thing to remember is that no U.S. citizens should be denied DBA benefits due to a waiver. For more information on your right to compensation, click the contact link on this page to order our free guide, Win Your Defense Base Act Case, or leave us a comment below to tell us about the problems you are having.


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