The Defense Base Act (DBA) for the most part, just “points to” the Longshore and Harbor Workers’ Compensation Act (LHWCA).  It is a complex statute with a large body of federal case law and administrative decisions of the Benefits Review Board interpreting it.  Furthermore, the administrative process of resolving disputes at the Office of Workers’ Compensation Programs (OWCP) and Office of Administrative Law Judges is cumbersome and slow moving.  

That being said, benefits under the DBA/LHWCA are more favorable to the employee than most state workers’ compensation systems and skilled advocacy is extremely important at every step along the way.  For example, under the LHWCA the injured worker gets to select his free choice of physician.  However, once an employee acquiesces to the physician authorized by the Employer/Carrier, he may lose the ability to later make his free choice.  Additionally, the DBA provides coverage for psychiatric conditions and injuries outside of work hours that are generally not covered by state systems.  

At Just Comp, PLLC, we will be with you for guidance in making the critical strategy decisions to make sure that you are receiving the best medical care available and receiving all the benefits to which you are entitled.  You will have questions and need guidance in an unfamiliar landscape and we are here to help you through it.