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What is the Defense Base Act Zone of Special Danger? DBA injuries sustained while not working or during recreational activities

Can I bring a Defense Base Act case, even if I'm not injured while I'm working? 

When your an overseas civilian contractor and you are seriously injured, you will need to bring a case under the Defense Base Act.  If you're not injured while actually working, you may have questions about whether you can bring a claim (and win it), under the Defense Base Act.  In this article, I answer the following questions (and more): 

What is the Defense Base Act Zone of Special Danger? 
 
Can I bring a Defense Base Act case, even if I'm not injured while I'm working? 
 
What if I need help right now?
 
Can you give some examples of the types of non-work injuries that may be covered under the Defense Base Act?

What if the claims examiner says my Defense Base Act claim isn't covered under the Defense Base Act?

Defense Base Act Settlements - Should I accept a settlement offer by the DBA insurance company?


“I am going to tell you the brutal, frank, truth - no matter what - even if it isn’t what you want to hear.   This website is the most comprehensive Defense Base Act website for seriously injured DBA workers.”

Defense Base Act Lawyer - Bill Turley 

 

What is the Defense Base Act Zone of Special Danger?  DBA injuries sustained while not working and 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.

I suggest that you get my FREE book, Win Your Defense Base Act Case. Ordering this book could very well be the best thing on helping you take the necessary steps to win your Defense Base Act Case. 


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Can you give some examples of the types of injuries that may be covered under the Defense Base Act?

Boating Accident

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 

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.

Bar Tussle

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

What if the claims examiner says my Defense Base Act claim isn't covered under the Defense Base Act? 

I've actually heard this quite a few times. The DBA insurance adjuster will claim that an overseas civilian contractor's injury isn't covered under the Defense Base Act.

I have heard this with the following injury incidents:

- Person injured in Afghanistan while lifting weights

- Person injured in Iraq while playing soccer

- Person injured while leaving the mess hall at a FOB

- Person injured on the airplane, flying to Afghanistan

- Slipped and fell in the shower

- Injured in a market off the base

In each of the these "not covered by the DBA;" we were able to settle the case successfully. 

When the DBA insurance adjuster says your claim isn't covered by the DBA, it is time to lawyer-up.  Because you have a valid claim under the Defense Base Act even if you're injured while overseas and you're not actually working. 

 

Disclaimer: 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.

William Turley
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