What is the Defense Base Act? The Defense Base Act (DBA) is a federal law that provides workers' compensation benefits to civilian employees who are working outside the United States for government contractors supporting U.S. military operations. It covers individuals working on military bases or for U.S. government projects in foreign countries, offering benefits for work-related injuries, illnesses, or death. Defense Base Act covers who? The Defense Base Act covers civilian contractors (employees) who are injured while working overseas for companies with contracts from the U.S. Department of Defense or the U.S. State Department. These contractors typically work on military bases or in support of U.S. military operations abroad. Defense Base Act types of jobs cover but are not limited to these? The Defense Base Act generally covers jobs that support U.S. military operations abroad. These positions can include, but are not limited to: Interpreters and translators Security personnel Logistics specialists Truck drivers Construction workers Electricians Medical personnel Engineers Essentially, any civilian role that helps in the functioning and support of U.S. military operations overseas is likely covered by the DBA. Are they a Settlement for Injured workers under the Defense Base Act Entitled? Yes, an injured worker may be entitled to a settlement under the Defense Base Act (DBA), typically if the injury prevents the worker from returning to their overseas job and earning the same rate of pay as before the injury. Defense Base Act covers what injuries? There is no specific limitation on the types of injuries that can be covered by the DBA. As long as the injury occurs while performing work related to U.S. military support overseas, it may be covered, including physical injuries, psychological conditions, and illnesses. What is the Difference Between a Scheduled Injury and a Non-Scheduled Injury Under the Defense Base Act? Scheduled injuries refer to injuries to specific body parts or extremities, such as the hands, feet, legs, arms, eyes, ears, or other similar parts of the body. Non-scheduled injuries generally refer to injuries to areas such as the neck, back, shoulders, or hips. Is There Any Difference in Compensation for Scheduled Injuries Versus Non-Scheduled Injuries? For scheduled injuries, compensation is typically based on an impairment rating provided by a doctor. The payment is based on a set impairment table, and the amount is non-negotiable. For non-scheduled injuries, if the injury prevents workers from returning to overseas work, they may be entitled to a lump sum settlement. Does the Defense Base Act cover Post-Traumatic Stress Disorder (PTSD) Symptoms? Yes, PTSD symptoms are covered under the DBA. If a worker develops PTSD from their service abroad, they may be eligible for compensation under the Act. How Do I Prove PTSD for a Defense Base Act Claim? To receive compensation for PTSD under the DBA, a worker must provide a diagnosis from a qualified medical doctor confirming the condition. How Much Will I Have to Pay in Attorney’s Fees? Clients do not pay attorney’s fees directly. Under the Defense Base Act, attorney’s fees are typically paid separately by the insurance carrier, not out of the client’s recovery. The attorney's fees do not reduce the amount of the settlement or compensation the client receives. Does the Defense Base Act Cover Foreign Citizens? Yes, the Defense Base Act applies to both U.S. citizens and foreign nationals working on U.S. military bases overseas. Foreign citizens who are employed under contracts related to U.S. military operations may also be eligible for benefits under the DBA. What Is a Third-Party Claim, and How Does It Relate to My DBA Claim? If you are injured while working under the Defense Base Act (DBA), you may also have the option to file a claim against a third party. A third party is anyone whose negligence or actions outside of your employer's control may have contributed to your injury. For example, If you work for a contractor like Northrop Grumman and are injured in an accident caused by someone employed by another company, like DynCorp, you may have two claims: one under the DBA through your employer’s insurance and another as a third-party claim against the individual or company responsible for the accident. What Is a Third-Party Claim? A third-party claim allows you to seek compensation from someone other than your employer or the workers' compensation system. There are no set limits on how much you can recover through a third-party claim, unlike workers' compensation programs such as the DBA. This claim can be filed in addition to your DBA claim, so any compensation you receive from a third party will only increase your total recovery. Can I Receive Mileage Reimbursement Under the Defense Base Act? Yes, if you are injured and covered under the DBA, you are entitled to be reimbursed for mileage expenses related to medical appointments, such as visits to your doctor. How Do I Get Pre-Authorization for Medical Treatment Under the DBA? For medical treatment to be covered under the DBA, your medical provider must contact the insurance carrier for approval before proceeding with treatment. How Is My Average Weekly Wage Determined Under the DBA? Under the DBA, your average weekly wage (AWW) is used to determine your compensation rate. The AWW is calculated based on your earnings prior to your injury, with adjustments made based on your specific situation. The Department of Labor provides a schedule for maximum and minimum wage rates. What Is the Compensation Rate Under the Defense Base Act? If you're injured under the Defense Base Act, your compensation is generally two-thirds (2/3) of your average weekly wage, with a cap on the maximum weekly wage depending on the date of your injury. For the current rate schedules, you can refer to the Department of Labor. What Is an Independent Medical Examination (IME)? An Independent Medical Examination (IME) is an assessment conducted by a doctor chosen by the insurance carrier. The purpose of the IME is for the doctor to provide an objective evaluation of your injuries, to help the insurance company determine the severity of the injury, and to assess your medical needs. Why Is an IME Performed? IME exams are requested by the insurance company to assist in determining the extent of the injury and to ensure that the treatment and compensation provided align with the severity of the injury. What Is a Vocational Assessment? A vocational assessment is an evaluation that helps determine an injured worker's ability to return to work and their earning capacity. The assessment takes into account factors like education, work experience, language skills, and physical limitations that may affect their employment options. Why Is a Vocational Assessment Necessary? The insurance carrier typically requests a vocational assessment to evaluate an injured worker's potential for returning to work or transitioning to a different job. This assessment helps inform settlement decisions and the overall handling of the claim. What Is a Labor Market Survey? A labor market survey is a report that the insurance carrier may generate after conducting a vocational assessment. It identifies potential job opportunities in the labor market that match the injured worker’s skills, qualifications, and abilities. What Is an LS-207 Form? An LS-207 form is used by the insurance carrier to formally dispute parts or all of a worker’s claim. This form is filed with the Department of Labor and outlines the insurer's objections to the claim, whether it’s related to the nature of the injury, the extent of the damage, or other factors that impact the compensation.