The Defense Base Act (DBA) is a Federal workers’ compensation law that provides benefits to civilian contractors working outside of the United States pursuant to a contract with the United States Government. (42 USC § 1651-1655)  The Defense Base Act is considered an extension of the Longshore and Harbor Workers’ Compensation Act, (33 U.S.C. §§ 901-950) because the benefits and procedures of the Longshore Act shall apply to those contractors injured or killed in while engaged in their employment overseas.  Whether a contractor is “engaged in employment” when injured or killed is a broad concept under the Zone of Special Danger doctrine that expands coverage to “off-duty” injuries induced by purely personal acts, social activities, and leisure constitute a part of the inherent danger of foreign employment and are covered under the Act.  All that is required is that the “obligations or conditions” of the employment locale create the “zone of special danger” out of which the injury arose.  This doctrine recognizes that employees working overseas, particularly in remote or hazardous locations, may face unique risks not encountered by workers in the U.S.

The workers’ compensation benefits under the DBA are the same as the benefits spelled out under the Longshore Act (with some minor exceptions) including:

• Medical treatment for injuries or illnesses sustained while working.
• Compensation for lost wages due to work-related injuries or illnesses.
• Disability benefits for permanent or temporary disabilities.
• Death benefits for the survivors of employees killed in work-related incidents.
• Attorney’s fees and Costs paid by the Employer/Carrier when the Claimant prevails known as a “fee shifting statute”
• Administered by the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP) and adjudication of legal disputes through the Office of Administrative Law Judges (OALJ).

Although Just Comp, PLLC is a Florida Law firm, we handle DBA cases worldwide utilizing technology such as VOIP phone conferencing, videoconferencing, messaging, remote notarization, texting and fax.  DBA claims occur most frequently in areas where the U.S. Military presence, operations, or military bases are largest such as:  Afghanistan, Iraq, Kuwait, Bahrain, Qatar,  UAE, Bahrain, Saudi Arabia, Jordan, Syria, Guam, Germany, Italy, Japan, South Korea, Djibouti, Somalia, Kenya, Niger, South Sudan, Libya, Mali, Chad, Guantanamo Bay, Cuba, the Philippines and many others.