Working under a U.S. government contract in foreign locations often comes with significant risks. The Defense Base Act (DBA) is designed to provide financial and medical support to civilian employees injured while performing work overseas.
However, navigating the intricacies of a DBA claim can be daunting, especially when faced with insurance carriers and bureaucratic hurdles. A Defense Base Act lawyer is pivotal in ensuring injured workers or their families receive the compensation and benefits they deserve.
At the Law Offices of Charles D. Naylor, we specialize in DBA claims, leveraging years of experience to guide clients through the complex claims process. Whether you’re pursuing disability benefits, medical coverage, or death compensation for a loved one, our team has the expertise to secure the best possible outcome.
What Is The Defense Base Act (DBA)
The Defense Base Act applies to civilian employees under contract to the United States to perform “public works” outside the continental United States. This includes many civilians working in conjunction with the U.S. military or other government agencies in Afghanistan Iraq, and on military, air, and naval bases outside the United States. An experienced Defense Base Act Lawyer understands your next moves.
Unfortunately, this work is often dangerous, and employees can be injured, even killed. If this happens to you or a family member, you must contact the Law Offices of Charles D. Naylor, a qualified Defense Base Act attorney.
The Defense Base Act, enacted in 1941, is an extension of the Longshore and Harbor Workers’ Compensation Act (LHWCA). It provides disability compensation, medical benefits to employees, and death benefits to eligible survivors of covered workers.
Examples of covered workers include, but are not limited to:
- Bomb disposal experts
- Private security
- PMC (private military contractor-former soldier/police officer)
- Engineers
- Medics and Medical Teams
- Truck drivers
- Translators and Interpretors
- Constructor workers
- Technicians
- Electricians
- Consultants
- Utility workers
- Project managers
- Carpenters
- Non-military support staff
The Defense Base Act also covers American civilian employees providing welfare or similar services outside the U.S. for the benefit of the military such as the United Service Organizations (USO).
Companies who employ non-military civilians in Iraq and Afghanistan include KBR, Halliburton, Blackwater Security, General Electric, Lockheed Martin, L-3 Communications, DynCorp International, Titan Security, and Environmental Chemical Corp., to name a few.
What is a Defense Base Act Lawyer and How Can They Help Me With My Case?
A Defense Base Act lawyer specializes in helping civilian employees and contractors injured while working abroad under U.S. government contracts.
These attorneys understand the nuances of the DBA and the Longshore and Harbor Workers’ Compensation Act (LHWCA), ensuring injured workers receive the medical care and financial benefits they’re entitled to.
Here’s how a Defense Base Act lawyer can assist:
- Claim Filing: Ensuring all documentation and evidence meet the Department of Labor’s strict requirements.
- Appeals: Representing you in disputes or appeals if your claim is denied.
- Negotiation: Advocating for fair compensation from employers or their insurance carriers.
- Ongoing Support: Offering guidance throughout the claim process so you can focus on recovery.
By working with the Law Offices of Charles D. Naylor, you gain access to a team of experienced attorneys who know how to navigate the challenges of DBA claims effectively.
What is a Contracting Company?
Under the Defense Base Act, a contracting company refers to any organization that enters into a contract with the U.S. government to perform services or public works outside the United States. These companies often provide essential support in conflict zones or remote locations, employing civilians in roles such as construction, logistics, and security.
Examples of prominent contracting companies include:
- KBR
- Halliburton
- Blackwater Security
- DynCorp International
- Lockheed Martin
If you were employed by one of these companies and suffered an injury, you may be entitled to compensation under the DBA. Consulting a DBA attorney can help you understand your rights and responsibilities.
What Are The Different Types of Disability You Can Claim?
The DBA recognizes four main types of disability claims:
Permanent Partial Disability (PPD)
This applies to workers who sustain permanent injuries but can still perform some type of work. Benefits are based on the reduction in earning capacity caused by the injury.
Permanent Total Disability (PTD)
Workers who can no longer perform any type of work due to their injury may qualify for PTD benefits. This provides lifetime compensation based on the worker’s average weekly wage at the time of the injury.
Temporary Total Disability (TTD)
For injuries that prevent an employee from working temporarily, TTD benefits cover the duration of the recovery period.
Temporary Partial Disability (TPD)
Workers who can return to work in a limited capacity while recovering may receive TPD benefits to offset reduced earning capacity.
Understanding which type of disability applies to your case can be complex. A Defense Base Act attorney will evaluate your situation and ensure the correct claim is filed.
What’s New With The Longshore DBA in The United States?
Recent updates to DBA practices include:
Industry Notice No. 193:
Reopening district offices and adjusting administrative case assignment procedures.
Industry Notice No. 187:
Clarifications on DBA waivers.
News Release:
OWCP concludes a significant penalty enforcement action against non-compliant employers.
OWCP Bulletin No. 12-01:
Updates on handling DBA cases involving the War Hazards Compensation Act.
These changes underscore the evolving nature of DBA claims and highlight the importance of working with an experienced Defense Base Act lawyer who stays up-to-date on the latest developments.
When to Hire a Defense Base Act Attorney
While one war is over for you in the Middle East, another war is beginning in your backyard: The war of receiving benefits and treatment for the injuries suffered or the fight for loved ones to receive wrongful death compensation.
What should be straightforward is instead a maze of complex forms and bureaucratic red tape to stymie the uninitiated, the injured, the stressed, and the saddened non-military civilians and their next of kin.
Under the Defense Base Act, your employer or its insurance carrier is supposed to provide you with the benefits you are entitled to voluntarily. If they do not, you are generally entitled to have a Defense Base Act Lawyer represent you at the expense of your employer or its insurance carrier.
What Are The Benefits of the Defense Base Act?
The DBA provides a comprehensive range of benefits, including:
- Medical Treatment: Full coverage for reasonable and necessary medical expenses related to the injury.
- Disability Compensation: Payments for temporary or permanent disabilities that limit your ability to work.
- Death Benefits: Financial compensation for surviving dependents, including spouses and children.
These benefits ensure that injured workers and their families are supported during difficult times. If your employer or their insurer disputes your claim, a DBA lawyer can help secure the benefits you’re owed.
What Types of Injuries Are Commonly Covered Under the Defense Base Act?
Civilian workers operating under government contracts face a variety of hazardous conditions. The injuries covered by the Defense Base Act (DBA) include:
Orthopedic Injuries:
Fractures, dislocations, and repetitive stress injuries from physically demanding work.
Traumatic Brain Injuries (TBI):
Often resulting from explosions or falls.
Burn Injuries:
Severe burns caused by fires, chemical exposure, or explosions.
Hearing Loss:
Due to prolonged exposure to loud machinery or detonations.
Mental Health Conditions:
Post-Traumatic Stress Disorder (PTSD) and anxiety stemming from the high-stress environments these jobs demand.
If you’ve experienced any of these injuries, the Law Offices of Charles D. Naylor can help you file a DBA claim to secure the compensation you need for recovery.
Challenges You May Face When Filing a Defense Base Act Claim
Despite the protections offered under the DBA, navigating the claims process can be overwhelming. Common challenges include:
Delayed Benefits:
Insurance carriers may delay payment of disability or medical benefits.
Claim Denials:
Claims are sometimes unjustly denied due to disputes about the injury or employment conditions.
Complex Documentation:
Workers are often required to provide extensive evidence to prove the legitimacy of their claims.
A California Defense Base Act lawyer at the Law Offices of Charles D. Naylor is well-versed in overcoming these hurdles, ensuring your claim proceeds smoothly.
Why Experience Matters in a Defense Base Act Lawyer
Hiring an experienced Defense Base Act attorney is crucial because these cases require an in-depth understanding of the Longshore and Harbor Workers’ Compensation Act (LHWCA). Attorneys at the Law Offices of Charles D. Naylor offer:
Expert Knowledge:
Our team has decades of experience with DBA claims and appeals.
Proven Track Record:
Check out our client testimonials to see how we’ve helped others in similar situations.
Dedicated Support:
From filing claims to representing you in court, we’re with you every step of the way.
How Does the DBA Compare to Other Workers’ Compensation Programs?
The Defense Base Act differs from traditional workers’ compensation programs because it specifically applies to:
- Civilian employees working on U.S. military bases abroad.
- Contractors providing public works for U.S. government agencies outside the country.
Statistics on Defense Base Act Claims
According to the U.S. Department of Labor (DOL), DBA claims have steadily increased, with thousands filed annually.
- Most Common Claims Include orthopedic injuries, PTSD, and hearing loss.
- High-Risk Locations: Afghanistan and Iraq account for a significant portion of DBA claims due to the dangerous nature of work in these regions.
This growing trend highlights the importance of having experienced Defense Base Act lawyers on your side to secure your benefits.
How to Appeal a Denied Defense Base Act Claim
If your DBA claim is denied, don’t give up. You have the right to appeal. The appeals process includes:
- Requesting a Hearing: File a formal request for a hearing with the Office of Administrative Law Judges (OALJ).
- Presenting Evidence: Submit medical records, employment contracts, and witness testimony to support your case.
- Legal Representation: Work with a skilled DBA attorney to build a compelling argument for your benefits.
Appealing a claim can be complex, but the Law Offices of Charles D. Naylor have the expertise needed to navigate this process.
The Importance of Timely Filing Your DBA Claim
Time is of the essence when filing a DBA claim. The DOL requires that claims be filed within one year of the injury or the last payment of compensation. Missing this deadline could jeopardize your ability to receive benefits.
Our experienced Long Beach Defense Base Act lawyers will ensure all necessary documents are filed on time so you can focus on recovery without added stress.
Legal References and Materials
- Defense Base Act Statute: 42 U.S.C. § 1651 et seq.
- Longshore and Harbor Workers’ Compensation Act: 33 U.S.C. § 901 et seq.
- Code of Federal Regulations: 20 CFR § 702
- Legal Commentary: “The Defense Base Act, A Growth Industry?” by Kerry J. Anzalone, Counsel for Longshore, Office of Administrative Law Judges, U.S. Department of Labor
These resources offer valuable insights into the DBA and its application. Your attorney will utilize these references to strengthen your case.
Contact a Defense Base Act Lawyer
The expertise you are looking for is uncommon. You need a Defense Base Act attorney. Most lawyers are unfamiliar with the Longshore and Harbor Workers’ Compensation Act (LHWCA), and do not understand how it is applied through the Defense Base Act.
The Defense Base Act attorneys at the Law Offices of Charles D. Naylor can tell you your rights and responsibilities under the Defense Base Act.
There is no cost and no obligation for this free information. If you do want one of our lawyers to represent you, there are no attorney fees unless you are awarded benefits under the Defense Base Act. The same applies to next of kin seeking wrongful death compensation.
You can live anywhere in the United States and contact our office; there are no geographical boundaries. To arrange a free initial consultation with a Defense Base Act Lawyer, please call us today toll-free at 1-888-440-5829.
Whether filing a new claim or appealing a denial, having a knowledgeable attorney by your side makes all the difference. The Law Offices of Charles D. Naylor specialize in DBA cases and have successfully recovered benefits for clients across California, Florida, and beyond.
Schedule your free consultation today and take the first step toward securing the compensation you deserve. Let us fight for your rights while you focus on healing.
