Understanding Defense Base Act Insurance: What You Need to Know
If youre employed by a U.S. military base abroad or working under a government contract, your Defense Base Act insurance should be top of mind. This insurance coverage, an extension of the federal workers' compensation program, is mandatory for employees working outside the U.S. However, some employers may attempt to skip providing this coverage or withhold compensation after an injury. If thats the case, its crucial to know your rights and take action. RIE Law can assist you in getting the compensation you deserve for any Defense Base Act claims.
Below, well break down everything you need to understand about Defense Base Act insurance and how to file a claim if youve been injured.
What is Defense Base Act Coverage?
The Defense Base Act (DBA) is a workers' compensation program that covers civilian employees working on U.S. government contracts abroad. Established in 1941, this program is designed to provide medical, disability, and death benefits to civilians working on military bases or supporting national defense-related public works projects outside the U.S.
Employers hiring workers for these contracts are legally obligated to provide Defense Base Act insurance, which applies to all employeesregardless of nationalityworking under U.S. government contracts.
When Is Defense Base Act Insurance Required?
Defense Base Act coverage is essential for employees working abroad on U.S. government contracts, particularly those involved in defense projects. However, it does not extend to workers engaged in grant work.
For those involved in government contracts financed and approved by the U.S. government, DBA coverage may apply, even if the recipient of the grant hires contractors.
Can Foreign Nationals Be Excluded From DBA Coverage?
Yes, in certain circumstances, foreign nationals can be exempted from Defense Base Act coverage. The U.S. Department of Labor may issue waivers for foreign workers hired outside the U.S. However, these waivers are invalid if the foreign workers are not provided alternative workers' compensation through local law.
One important thing to remember is that U.S. citizens or legal residents cannot be excluded from Defense Base Act insurance under any circumstances.
What Does Defense Base Act Insurance Cover?
Defense Base Act insurance offers comprehensive benefits for qualifying employees, including:
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Medical Benefits: This covers necessary medical treatments, including mental health care.
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Disability Benefits: Workers who are temporarily or permanently disabled due to a work-related injury are eligible for compensation.
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Death Benefits: If an employee dies due to a work injury, their dependents are entitled to financial compensation.
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Lost Wage Benefits: Employees who cant work due to their injuries may receive two-thirds of their average weekly wage.
In the event of death, surviving family members are eligible for up to two-thirds of the deceased workers average weekly wage, depending on the number of dependents.
How to File a Defense Base Act Claim
To initiate a claim, you must submit Form LS-203 to the Office of Workers' Compensation Programs (OWCP) within one year of your injury, or within two years of discovering that your condition resulted from your work. Claims can be submitted electronically, via fax (202-513-6814), or by mailing the forms to the OWCPs Florida Division office.
For death benefits, notify your employer and submit Form LS-201. Due to the complexity of the process, its advisable to consult an attorney to ensure youre filing the proper documentation and meeting all deadlines.
Can the OWCP Assist You with Your Claim?
The Office of Workers' Compensation Programs (OWCP) manages claims under the Defense Base Act and reviews them for compliance with the law. They provide a range of services, including dispute resolution, compensation assistance, and vocational rehabilitation for those with permanent disabilities.
However, the OWCP does not directly help you navigate the claims process. To ensure your claim is filed correctly and promptly, its essential to work with an experienced Defense Base Act attorney who can maximize your chances of receiving fair compensation.
Why You Need an Experienced DBA Lawyer
Although the Defense Base Act exists to protect workers, navigating a DBA claim can still be challenging. Insurance companies and employers often dispute claims, especially for conditions with delayed onset like hearing loss or psychological disorders such as PTSD.
If youve been injured while working for a U.S. government contract overseas, you need an attorney who specializes in Defense Base Act claims to protect your rights. RIE Law is dedicated to helping workers like you get the compensation they deserve. Our attorneys are skilled in handling the intricacies of DBA coverage, ensuring that you receive the benefits youre entitled to without unnecessary delays.
If you need assistance with a Defense Base Act claim, dont hesitate to reach out to RIE Law. Call us at (904) 500-RIE (7483) or email info@rie4justice.com to speak with an expert DBA attorney.