"If you are injured overseas while employed as a Defense Base Act worker, your case probably falls under the DBA, even if you weren't actually 'working' when you were injured." Defense Base Act Lawyer - Bill Turley
The Defense Base Act Zone of Special Danger: DBA Injuries Sustained During Recreational Activities
The Defense Base Act is different from most other workers' compensation schemes in that under the DBA, an injury is covered even if it was not incurred while working. For example, injuries sustained by DBA workers during recreational activities are covered by the Defense Base Act. In this article, I will discuss recreational injuries that are covered under the Defense Base Act.
Under the DBA, injuries resulting from reasonable and foreseeable recreational activities in isolated or dangerous locales arise out of a "zone of special danger" and are therefore compensable under the DBA. I will give you examples of various cases where DBA employees were involved in "recreational activities" and the courts found their case to be covered by the Defense Base Act
Here is my take
Before I get into the details about DBA coverage during recreational activities, I want to offer some advice. Take the time to research your case. The more homework you do, the better your case. Order my Free book, Win Your Defense Base Act Case. I will send you the book for free and cover shipping.
Ordering this book could very well be the best thing on helping you take the necessary steps to win your Defense Base Act Case. Before you do, check out the 5 Star Amazon Reviews. The folks who wrote the reviews are injured overseas contractors who shared their thoughts after reading my book. Folks like you who wanted to win their case.
Also check out my podcast at DBARadio.com where I discuss many of these issues in depth.
Here are some examples of the types of injuries that may be covered under the Defense Base Act:
Boating Accident Covered
A DBA worker who drowned in a weekend boating accident 30 miles from his job site at a defense base work site was found compensable under the DBA.
Late-Night Romantic Rendezvous With Supervisor Covered
A DBA employee was injured during a late-night rendezvous with her supervisor in a parked car that was hit by an out-of-control army weapons carrier was found to be compensable under the DBA.
Hit by Truck While Hitchhiking
A DBA employee was was hit by a truck while hitchhiking back to his campsite after dinner at a local restaurant was found to be a compensable claim under the Defense Base Act.
Traffic Accident During "Joy-Ride"
A DBA worker was "joy-riding" in an after-hours jeep accident and was killed. Nevertheless, the court found the death arose out of the "zone of special danger" even though the jeep may have been speeding and the employer may not have authorized the use of it's Jeep.
A DBA worker got into a tussle during a pool game at a bar while off-duty. The court nevertheless found the DBA worker's injury to be compensable. The court characterized the incident as "horse-play" and found it to be covered by the DBA.
Exercising and Training Injuries
Injuries to DBA workers while they are exercising and/or training are always compensable under the DBA. We have consistently won DBA cases where the Claimant was injured while playing soccer, playing basketball, jogging, and lifting weights.
The Bottom Line
You should always assume your DBA injury is a compensable injury under the DBA. If you are injured or get sick while overseas, you are probably covered.
Win Your DBA Case With The Truth
Always tell the truth when you bring a case in court. Some of the situations described above, could be embarrasing and folks could be tempted to lie about the situation. Bad call. You don't want to ever be caught in a lie with a DBA judge. It will tank your case, i've seen it happen.
Whenever you are bringing a claim under the DBA, your credibility is always at issue. Thus, always tell the truth. As this article demonstrates, you can win your DBA case with the truth.
If you have more questions, pick up the phone and call us or fill out the contact form on this website.
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This article is not legal advice. Your circumstances may differ from those described herein. I am simplistic in order to achieve clarity. If you are a seriously injured DBA worker you are advised to consult with a Defense Base Act Attorney.