If you are an injured civilian contractor or worker injured on a U.S. Military Base outside the United States or overseas, including in either Iraq or Afghanistan or the Middle East, then we are the attorneys you need to handle your claim.

Defense Base Act (DBA) Attorney

What is the Defense Base Act?

Established in 1941, the primary goal of the Defense Base Act was to cover workers on military bases outside the United States.  The act was amended to include public works contracts with the government for the building of non-military projects such as dams, schools, harbors, and roads abroad.  A further amendment added a vast array of enterprises revolving around the national security of the United States and its allies. Today, almost any contract with an agency of the U.S. government, for work outside the U.S., whether military in nature or not, will likely be covered under the Defense Base Act.

The Defense Base Act (DBA), 42 U.S.C. § 1651–1654, is an extension of the federal workers' compensation program that covers longshoremen and harbor workers, the Longshore and Harbor Workers' Compensation Act 33 U.S.C. § 901–950. The DBA covers persons employed at United States defense bases overseas. The DBA is designed to provide medical treatment and compensation to employees of defense contractors injured in the scope and course of employment.


Who is covered under the DBA?

 

Technical requirements and filings. (How to file a Defense Base Act claim)


Payment of Compensation.

There is a three day waiting period (the period of time one must wait before compensation is due) under the LHWCA. Thereafter, if an injury is serious enough to prevent the employee from returning to work, the employer (or its insurer) must pay compensation to the injured worker. The amount of compensation paid is generally calculated by taking an employee’s wages from the year prior to the injury and dividing by 52. This is known as the average weekly wage (AWW).

If the employee has worked in the same job for the entire period, the calculation is simple enough. If the employee has not worked “substantially the whole year” in the same type of employment, alternate methods may be used to determine AWW. A similar employee's wages can be used, or if 33 U.S.C. § 910 Sections (a) or (b) cannot be fairly applied, there are several alternatives such as taking a daily wage and multiplying it by the number of days per week ordinarily worked.

Once the average weekly wage (AWW) is established, this is multiplied by two-thirds and this figure, the compensation rate (CR) is the amount of money the injured worker receives for each week they are disabled. The maximum rate changes periodically. [2] Generally, DBA insurers pay every two weeks. Once the compensation rate for "total disability" is established, it does not change and there are no increases for cost of living or inflation.

Benefits are generally paid until the injured worker returns to work or is capable of returning to work and suitable work is available. For example, if an injured worker fully recovers from an injury and can return to work, total disability benefits end. Also, even if an injured worker cannot return to his regular job due to a physicians restrictions, compensation ends if the employer offers the employee suitable work. Short of offering a job, the employer/insurer may stop compensation for total disability if it can prove suitable jobs exist in the employees commuting area. If those jobs do not meet or exceed the injured worker's previously established AWW, the employer/carrier may have to pay either partial disability benefits or a "scheduled award," depending on the nature of the original injury.

There are certain injuries subject to a scheduled award. For example, an injured worker with an arm injury who is at maximum medical improvement (MMI) with a 10% permanent impairment rating (and work is available) is entitled to a scheduled award—but no further disability benefits unless there is a change in condition. However, a person with a back injury at MMI would still be entitled to total disability benefits if they can prove they made a diligent but unsuccessful attempt to find suitable work. This is normally a litigated issue, and many scenarios may come into play. For a list of “scheduled injuries’, see 33 U.S.C. § 908.

Maximum medical improvement is a medical term that means the employee has recovered from injuries as much as can be expected, and medical providers have done everything they can. If the employee reached this point and still cannot work, they may be entitled to “permanent and total” (PTD) disability benefits. These benefits are generally reserved for those injured workers who will most likely be unable to work for the rest of their lives. This benefit carries with it an automatic cost of living allowance.

Medical Treatment.

Longshore & Harbor Workers’ Compensation Act (LHWCA),

(a) General requirement The employer shall furnish such medical, surgical, and other attendance or treatment, nurse and hospital service, medicine, crutches, and apparatus, for such period as the nature of the injury or the process of recovery may require.

(b) Physician selection; administrative supervision; change of physicians and hospitals The employee shall have the right to choose an attending physician authorized by the Secretary to provide medical care under this chapter as hereinafter provided. If, due to the nature of the injury, the employee is unable to select his physician and the nature of the injury requires immediate medical treatment and care, the employer shall select a physician for him. The Secretary shall actively supervise the medical care rendered to injured employees, shall require periodic reports as to the medical care being rendered to injured employees, shall have authority to determine the necessity, character, and sufficiency of any medical aid furnished or to be furnished, and may, on his own initiative or at the request of the employer, order a change of physicians or hospitals when in his judgment such change is desirable or necessary in the interest of the employee or where the charges exceed those prevailing within the community for the same or similar services or exceed the provider’s customary charges. Change of physicians at the request of employees shall be permitted in accordance with regulations of the Department of Labor, Secretary.

Settlement and attorneys' fees.

There is a mechanism under which cases under the DBA may be settled. Settlements are voluntary and no one side can force the other to settle. Like most other workers’ compensation systems, there are no damages such as pain and suffering. The amount of the settlement depends on what the employer/insurer could expect to pay if the case is not settled. Also, while there is a program where an Administrative Law Judge (ALJ) will mediate a case for the parties, there is no provision in the Act that allows an injured worker or employer/insurer to present the case before an ALJ to determine its value.

As to attorneys’ fees, in these cases, there are no contingency fees allowed (i.e. 25% of benefits collected) and attorneys are paid based on an hourly rate. These fees are generally paid after litigation or at settlement and by the employer/insurer. After a hearing, if the injured worker prevails, their attorney submits a Fee Petition to the judge for approval. The employer/insurer is given the opportunity to respond to the petition. The approved fee is paid by the insurer. Similarly, if a case is settled, the fee is generally paid by the insurer and may be subject to negotiation with the insurer as part of the settlement package. These fees are also subject to approval of either the judge or the District Director of the Office of Workers’ Compensation Programs (OWCP).

If you are an injured civilian contractor or worker injured on a U.S. Military Base outside the United States or overseas, including in either Iraq or Afghanistan, then we are the attorneys you need to handle your claim.

 

Blog for Defense Base Act (DBA)

Library for Defense Base Act (DBA):

Web Resources for Defense Base Act (DBA):


Bulgaria, Bezmer Air Base, Graf Ignatievo Air Base, Germany, Ansbach, NATO Air Base Geilenkirchen, Geilenkirchen, Germany, Ramstein Air Base, Spangdahlem Air Base, Greenland, Thule AB, Guam, Andersen Air Force Base, Italy, Aviano Air Base, San Vito dei Normanni Air Station, Japan, Kadena Air Base, Okinawa Prefecture, Misawa Air Base, Misawa, Aomori, Yokota Air Base, Tokyo, South Korea, Kunsan Air Base, Osan Air Base, Kyrgyzstan, Transit Center at Manas, Bishkek, The Netherlands, Joint Force Command Brunssum, Portugal, Lajes Field, Azores, Spain, Morón Air Base, Andalusia, Morón de la Frontera, Andalusia, Turkey, Incirlik Air Base, United Kingdom, RAF Lakenheath, Brandon, Suffolk, RAF Menwith Hill, Yorkshire Dales, RAF Mildenhall, Mildenhall, RAF Croughton, Upper Heyford, RAF Alconbury, Cambridgeshire, Aytos Logistics Center, Novo Selo Range, Campbell Barracks, Heidelberg, Conn Barracks, Ledward Barracks, Schweinfurt, Vilseck, Grafenwoehr, Landstuhl, Vogelweh, Patrick Henry Village, ROB, Kapaun, Stuttgart, Bamberg, Mannheim, Baumholder, Iraq, Afghanistan, Caserma Ederle, Vicenza, Camp Darby, Pisa-Livorno, Camp Zama, Tokyo, Kuwait, Kosovo, South Korea, Camp Rhino, Registan Desert, Kandahar International Airport, Cuba, Marine Corps Detachment, Guantanamo Bay Naval Base, Djibouti, Marine Corps Security Detachment, Camp Lemonier, Camp Panzer Kaserne, Böblingen, Forward Operating Base Abu Ghraib, Abu Ghraib, Al Asad Air Base, Baghdadi, Al Taqaddum Air Base, Habbaniya, Camp Baharia, Fallujah, Camp Gannon, Husaybah, Blue Diamond, Ramadi, Camp Ramadi, Ramadi, Marine Corps Base Camp Smedley D. Butler, Okinawa, Camp Courtney, Camp Foster, Camp Gonsalves (Jungle Warfare Training Center), Camp Hansen, Camp Kinser, Camp Lester, Camp McTureous, Camp Schwab, Marine Corps Air Station Futenma, Okinawa, Marine Corps Air Station Iwakuni, Yamaguchi Prefecture, Camp Fuji, Shizuoka Prefecture, Yomitan Auxiliary Airfield, Camp Arifjan, Kuwait City, British Indian Ocean Territory, Diego Garcia, Guantanamo Bay Naval Base, Rota Naval Station, United States Fleet Activities Yokosuka, United States Fleet Activities Sasebo, Naval Air Facility Atsugi, Naval Forces Japan, Okinawa, Naval Base Guam, Bahrain, Naval Support Activity Bahrain, Naval Detachment Dubai, Naval Support Activity Naples, 6th fleet/Command Navy Europe U.S. 6th Fleet, Naval Air Station Sigonella, Naval Support Activity Geata, Greece, Naval Support Activity Souda Bay, Souda Bay, Crete, Commander Naval Forces Korea Chinhae, South Korea

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