About the Defense Base Act:
In Plain English:
About the Defense Base Act
The Defense Base Act (DBA) is a federal workers' compensation law which
covers injuries, occupational illness, and deaths of civilian workers who are
employed by companies overseas on a military base or who are working on public
projects overseas under contract with the Department of Defense or any of its
agencies. For example, a civilian working on a military base overseas building a
warehouse under a contract with the Defense Department is covered by the DBA.
Likewise, a civilian who is working overseas on a public works project off of a
military base under a contract with the Defense Department is also covered by
the DBA. Wherever in the world overseas civilians are working for a company
which aids the government of the United States, whether associated with the
military or not, such a worker is covered by the Defense Base Act.
At this time, all DBA claims filed with the U.S. Department of Labor which
arise out of Iraq, Afghanistan, Bosnia, Herzegovina, Turkey, the countries in
the Middle East, Europe and South America, are handled and supervised by the
Second Compensation District of the U.S. Department of Labor. Their office is
located at 201 Varick Street, New York, New York, which is approximately twenty
minutes from our office in Hoboken, New Jersey. My firm handles DBA cases on a
national level, with clients residing in such states as California, Arizona,
Texas, Oklahoma, and Kansas.
If you have questions about whether or not your job is covered under the
Defense Base Act, it is extremely important for you to contact an attorney in
order to ensure you receive the proper benefits.
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Here to Contact Us
Do not forget that the notice of such injury or illness should be given as
soon as practicable to your employer, but within thirty (30) days.
Defense Base Act is online at:
http://www.dol.gov/esa/owcp/dlhwc/dba.htm
or Click Here to view the Defense Base Act
on our website
THE DEFENSE ACT EXPLAINED
The Defense Base Act (DBA) (42 U.S.C. Sec. 1651) applies to civilian workers
who are injured or killed overseas while working on a military base or working
under a contract with the U.S. Government. Such a contract could be the building
of an embassy, road, school, or dam or any other structure or service. The DBA
originally covered civilians working at military bases but later it was expanded
to cover civilians working on construction projects overseas for the U.S.
government. The coverage was further expanded to include workers injured while
performing service contracts overseas in connection with a contract with the
government for a particular project or national defense activity.
The DBA incorporates the provisions of the Longshore and Harborworkers'
Compensation Act (LHWCA) (33 U.S.C. Sec. 901, et seq) by reference. Therefore,
all of the provisions regarding filing a claim and available benefits are found
in the LHWCA.
The Longshore and Harborworkers' Compensation Act is online at:
http://www.dol.gov/compliance/laws/comp-lhwca.htm
REQUIREMENTS IF YOU ARE INJURED
You must notify your employer of your injury within 30 days of the
accident. The 30 days notice requirement also applies to deaths. The
notice requirement is extended for certain occupational disease and injury
claims.
In addition to giving notice, you must file an Employee Claim For
Compensation within one year of the date of the accident or last payment of
compensation, whichever is later. Such a claim must be filed with one of the
district offices of the U.S. Department of Labor, Office of Workers'
Compensation Programs. There are district offices located in New York, Boston,
Baltimore, Norfolk, Jacksonville, New Orleans, Houston, San Francisco, Long
Beach, Seattle, and Honolulu.
To help you, Defense Base Act Attorneys are located near the New York
District Office. Click
Here to Contact Us if you have questions or need assistance.
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