DBA Attorneys Fighting for Injured Civilian Contractors’ Claims

Have you or a loved one been injured or killed while working overseas as a civilian government contractor? As a global Defense Base Act Law Firm, Grossman Attorneys are here to fight for you. Our team of seasoned defense base act lawyers and paralegals will guide you through the complexities of the Defense Base Act, pursuing maximum compensation for your injuries or loss.

Whether you’re an employee injured on a U.S. Government contract or a family member seeking death benefits denied due to “natural causes” classification, we can help. Our expertise in the “Zone of Special Danger Doctrine” could be the key to securing the benefits you deserve.

With thousands of successfully handled claims and extensive experience before the U.S. Department of Labor, Grossman Attorneys is known for our responsiveness, thorough litigation style, and unwavering dedication to our clients. We go wherever you need us to be, providing proactive representation and support every step of the way.

Don’t navigate this complex process alone. Schedule your free case review today and let us show you the Grossman difference.

What is the Defense Base Act?

Before the enactment of the 1941 Defense Base Act, civilian government contractors injured overseas struggled to get workers’ compensation. This represented a significant problem as civilians contributing to the pre-World War II war effort weren’t getting the compensation they deserved for their injuries. Congress enacted the Defense Base Act (DBA) to close this insurance coverage gap by requiring American employers to provide overseas workers with DBA worker’s compensation insurance. 

Part of the Longshore and Harbor Workers’ Compensation Act

The Defense Base Act is an extension of the 1927 Longshore and Harbor Workers’ Compensation Act. It covers civilian employees who suffer injuries or deaths while working outside the U.S. under U.S. service contracts for military purposes, national defense, or public works. DBA benefits include medical, disability, and death benefits.

What is a Defense Base Act Lawyer?

Defense Base Act lawyers are specialists who advocate for workers injured while employed overseas by U.S. government contractors. At Grossman Attorneys at Law, we navigate the complex process of filing claims and securing fair settlements under this niche area of injury law.

Should your employer or their insurance carrier fail to comply with the Act’s provisions, we’re prepared to take decisive action. Our defense base act lawyers have the expertise to negotiate settlements or, if necessary, file lawsuits to ensure you receive the compensation you deserve.

Our expertise extends to educating clients about their rights, providing essential resources, and guiding them through each step of the claims process. 

Why Would You Need a Defense Base Act Attorney?

Engaging our firm goes beyond basic claim filing. We maximize compensation by identifying all potential avenues for recovery and developing tailored strategies based on thorough analysis of each unique case. Our precision in navigating complex filing requirements minimizes the risk of delays or denials.

We negotiate effectively with insurance companies and, when necessary, provide skilled representation in hearings or court proceedings.  We understand how insurance carriers operate and can avoid many of the traps they set, using our extensive experience to anticipate and counter their strategies for minimizing or denying claims.

By partnering with us, you can focus on recovery while we handle the legal intricacies, ensuring you receive full compensation under the law.

Defense Base Act Lawyers Handle the Claim Process and Maximize Your Benefits

At Grossman Attorneys at Law, we excel in managing intricate cases under the LHWCA, including defense base claims. Our expertise encompasses zone of special danger scenarios and multi-jurisdictional claims. We collaborate with a network of medical and vocational experts to bolster cases with crucial evidence.

Our defense base act lawyers adeptly addresses complications arising from high-risk work environments and unusual contract terms. In disputes, our litigation experience ensures assertive representation in hearings or appeals. This comprehensive approach consistently results in securing maximum compensation for our clients.

Defense Base Act Attorney Fees

We prioritize transparency regarding legal fees for DBA cases. Typically, clients don’t pay our fees directly. In most successful cases, the employer or their insurer is legally obligated to cover attorney fees. This applies even if a claim is initially denied, undervalued, or ignored within 30 days of receipt.

If a claim is unsuccessful, clients pay nothing – our firm assumes the financial risk. Importantly, we never take a percentage of compensation, as this practice is illegal for these claims.

Defense Base Act Eligibility for Contractors

Overseas employees must meet at least one of several eligibility requirements to qualify for DBA insurance coverage. These eligibility criteria include the following:

  • The employee works overseas for a U.S. government agency on a war- or national defense-related public works contract
  • The employee works outside of the U.S. for a private employer on a U.S. military base or other land used for military purposes by the U.S.
  • The employee works overseas for an organization providing moral and welfare services to active military members, such as the United Services Organizations or the American Red Cross
  • The employee works outside of the U.S. under a contract funded and approved by the U.S. government

If one of these applies to you, you’re entitled to compensation in the event of a work-related injury or illness. Examples of workers who may fall under the Defense Base Act include but are not limited to:

  • Construction workers
  • Cooks
  • Clerical workers
  • Electricians
  • Explosive experts
  • Janitors
  • Linguists
  • Mechanics
  • Program managers
  • Security personnel
  • Translators
  • Truck drivers

An employee does not need to be a U.S. citizen to qualify for compensation protection u

Defense Base Act Benefits

The Defense Base Act provides a range of benefits to cover overseas employees in a variety of situations due to an injury, illness, or death. These benefits include:

  • Medical benefits that cover medical care by an employee-chosen physician, hospital costs, treatment-related travel costs, diagnostic expenses, and more
  • Rehabilitation services that help the injured worker recover from or cope with the employment-related injury
  • Vocational rehabilitation services for permanently disabled workers living in the U.S.
  • Disability compensation for temporary (partial or total) and permanent (partial or total) disability
  • Death benefits for surviving spouses and dependents, including burial coverage and compensation for lost income

To learn more about DBA benefits and how they’re calculated, review this PowerPoint presentation by the Department of Lab

Injuries Covered Under the Defense Base Act

The Defense Base Act covers many types of injuries related to the worker’s employment. A worker injured outside the workplace can still pursue compensation through the DBA if the injury is work-related.

Examples of injuries covered by the DBA include:

  • Neck or shoulder injuries
  • Back or spinal injuries
  • Head or brain injuries
  • Loss of limb injuries
  • Loss of hearing 
  • Burn injuries
  • Post-Traumatic Stress Disorder (PTSD)

This by no means represents a complete list of injuries coverable by the Defense Base Act. To find out if your injury qualifies for compensation under the DBA, contact our law firm today. 

Is Pain and Suffering Compensation Available for DBA Claims?

Unfortunately, benefits under the Defense Base Act do not cover pain and suffering. Whether you hope to receive ongoing disability payments or a settlement, you cannot include an amount for pain and suffering.

Types of Employment Covered Under the Defense Base Act

The Defense Base Act covers any employment activities carried out for private employers on United States military bases, contract work approved and funded by the U.S. Foreign Assistance Defense Base Act, word for U.S. employers providing welfare services for the benefit of armed forces, and more.

What Happens When My DBA Settlement is Approved?

If we reach a settlement agreement with the insurer, the process is not over. The Department of Labor (DOL) must evaluate the proposed settlement.

The DOL will review:

  • The reason for the settlement;
  • Your medical information and work history;
  • Your medical report for the injury or disease;
  • An itemized bill of medical expenses; and
  • The specific settlement amounts for medical bills, compensation, and legal fees.

The DOL also considers your age, education, work history, and degree of disability. It matters whether you can return to work, and if so, what kind. Will it be comparable in pay to your previous work? The department considers your future medical needs, including whether you will need a great deal of care. Finally, the DOL reviews your life expectancy based on actuarial tables.

The DOL must agree that the settlement is fair for you before approving it.

Can My Defense Base Act Claim be Denied?

Yes, some claims are denied or disputed by the government. The most common reasons defense base act claims are denied include:

  • There wasn’t applicable DBA coverage at the time of the injury
  • There is insufficient medical evidence to support the claim
  • The employer believes the injury did not occur during the course or scope of work

Our DBA Law Firm Can Help You Get Maximum Compensation for Your Claim

With over 35 years of experience and hundreds of successful DBA claims, Grossman Attorneys at Law stands as the premier choice for Defense Base Act representation. Our team, led by founding attorney Howard Grossman, is renowned for our professionalism, integrity, and proactive approach to litigation. We offer personalized, comprehensive support throughout your claim process, from injury reporting and evidence collection to meeting critical deadlines and pursuing fair compensation.

Don’t navigate this complex legal landscape alone. Let our expertise work for you to secure the maximum compensation you deserve. Contact Grossman Attorneys at Law today for a free case evaluation. Take the first step towards protecting your rights and ensuring your financial security after an overseas work-related injury. Your future is our priority – let’s secure it together.

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We understand the trying times that you and your family are undergoing.

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We’ve Helped Many Like You
Around the World
  • Amboy, IL – $650,000
  • Canton, MS – $350,000
  • Chantilly, VA – $500,000
  • Chattanooga, TN – $1,200,000
  • Colorado Springs, CO – $600,000
  • Emmet, ID – $650,000
  • Enid, OK – $300,000
  • Enterprise, AL – $450,000
  • French Lick, IN – $610,000
  • Happy Jack, AZ – $403,000
  • Huntington, VT – $665,000
  • Jackson, WI – $350,000
  • Las Vegas, NV – $460,000
  • Lawrenceville, GA – $1,200,000
  • Marysville, WA – $573,000
  • Miami, FL – $1,000,000
  • Moncks Corner, SC – $199,500
  • Mount Camel, UT – $425,000
  • North Wales, PA – $475,000
  • Oak Leaf, TX – $750,000
  • Providence, KY – $137,000
  • Rancho Santa Margarita, CA – $1,400,000
  • Rotterdam, NY – $500,000
  • Roxboro, NC – $620,000
  • Saint Albans, WV – $600,000
  • Sinton, TX – $700,000
  • Springfield, MO – $695,000
  • Topeka, KS – $400,000

*The settlements and verdicts above only represent a few of the successful outcomes for our clients. Contact us for more information on how you can add your location to this list.

You may Qualify if

The Defense Base Act affords compensation benefits and medical benefits to those engaged in employment, such as:

  • Civilian Contractor

Deployed civilian contractors working in Iraq, Afghanistan, England, Africa, United Arab Emirates, Italy, Philippines, South Korea, Israel, Kuwait, or anywhere else in the world under a U.S. government contract.​

  • U.S. Base

Any military, air, or naval base acquired by the United States.

  • U.S. Occupied or Used Land

Upon land occupied or used by the government for military or naval purposes in any territory or possession outside the continental United States.

  • Outside Continental U.S.

Any public work in any territory or possession outside the continental United States if the employee is engaged under the contract of a contractor with the United States.

You are not alone
By the numbers
3,749

civilian contractor deaths from 2009-2019

The DOD contract PERSONNEL in the Iraq and Afghanistan theater Of DOD’s combined contractor and uniformed PERSONNEL workforce in the CENTCOM

As of May 2019, observers and analysts estimated the number of U.S. Armed Forces personnel in Afghanistan to be between 14,000 and 15,000.

28,189

individuals located in Afghanistan, Iraq, and Syria

25,239

DOD contractor personnel were located in Afghanistan

Approximately

44%

of DOD’s reported individual contractors were. U.S. citizens

42%

were third-country nationals, and 14% were local nationals

Of the 25,239 DOD contractor personnel, about 9% were armed private security contractors (2,397)
As of May 2019, observers and analysts estimated the number of U.S. Armed Forces personnel in Afghanistan to be between 14,000 and 15,000.
Where do you reside?

Depending ON your Residence, Your Case May Be Handled Differently

  • live in the us?

For injured workers residing in the United States your Defense Base Act claim will be handled by the Office of Workers’ Compensation Programs District Directors in the following cities: Boston • Chicago • Dallas • Cleveland • Jacksonville • Denver • New York • Norfolk • Philadelphia • San Francisco • Kansas City • Seattle • Washington, D.C

  • Outside the U.S.?

Through modern technology, we are equipped to attend conferences with you, key witnesses and experts all around the world. Our office is equipped with a state-of-the-art video teleconferencing system which allows us to take video depositions anywhere in the world.

Defense Base Act Claims Frequently Asked Questions

Filing a claim under the Defense Base Act involves notifying your employer, seeking medical treatment, and completing the necessary paperwork, including Form LS-203, to submit to the Department of Labor.

The Department of Labor’s Division of Longshore and Harbor Workers’ Compensation (DLHWC) handles DBA claim submissions. Employees can submit written claims within one year after the date of injury or last payment. Depending on the situation, employees can file a dba claim online, by mail, or by fax.

DBA benefits are calculated based on the employee’s average weekly wage and the severity of the disability or injury. The specific calculation method may vary depending on the circumstances of each case.

Yes. The DBA covers foreign nationals and all employees who meet the necessary criteria, whether U.S. citizens or nationals local to overseas employment.

A scheduled injury under the Defense Base Act is a specific injury listed in the Defense Base Act schedule that occurs while an employee is working for a U.S. government contractor overseas. Compensation is determined based on the severity of the injury and the employee’s average weekly wage.

A non-scheduled injury is an injury that is not listed in the DBA schedule, and compensation is determined based on the severity of the injury, the employee’s average weekly wage, and their loss of earning capacity.

Illnesses or diseases contracted while working overseas are covered under the DBA as long as there is a causal connection between the employment and the condition.

The statute of limitations for a DBA claim is generally one year from the date of injury, but exceptions may apply in certain circumstances. Employees who contracted an occupational disease during their employment have a two-year period to submit claims. The two-year clock begins after receiving a diagnosis that ties the disease to the workplace.

You have the right to appeal a denied DBA claim. To do so, you can request a formal hearing before an administrative law judge (ALJ) and potentially pursue further appeals if necessary. It is recommended to seek the advice of an experienced attorney who specializes in DBA claims to assist with the appeals process and provide guidance on how to strengthen your case.

Yes. These benefits may include compensation for the deceased worker’s lost wages, funeral expenses, and survivor benefits for the worker’s spouse, children, or other eligible dependents. The specific amount and eligibility requirements for DBA survivor benefits depend on the circumstances of each case.

Yes, it is possible to receive both DBA benefits and disability benefits from another source. However, the amount of DBA benefits may be reduced or offset by the amount of the other disability benefits you receive to prevent double recovery for the same injury or illness. 

The duration of DBA benefits varies depending on the injury or illness. Temporary benefits may last until the employee reaches maximum medical improvement, while permanent benefits may continue for life. 

Yes, the Defense Base Act will cover disability due to PTSD if linked to the worker’s overseas employment. Click here to learn more about PTSD claims under the defense base act.

Yes, the Defense Base Act covers mental health and psychological injuries. The DBA provides benefits for medical treatment, counseling, and disability compensation for such injuries that are caused by or arising out of employment. This includes PTSD and the delayed onset of PTSD related to employment.

Yes. Under the DBA, you have the right to choose your own treating physician. However, it’s important to note that the chosen doctor or medical provider must be authorized by the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP). The OWCP maintains a list of authorized medical providers, and the injured worker can choose a doctor or medical provider from this list.

If your employer or insurer refuses to authorize medical treatment for a work-related injury covered by the Defense Base Act, we encourage you to obtain legal representation. A DBA attorney can help you file a claim with the Department of Labor and protect your rights. 

No. Under the DBA, it is illegal for an employer to fire an employee for filing a claim for work-related injuries or illnesses. If you have been terminated for filing a DBA claim, you should contact an experienced defense base act lawyer to protect your rights.

If your employer retaliates against you for filing a DBA claim, potential legal remedies include job reinstatement, back pay, compensatory and punitive damages, legal fees, and costs. To pursue these remedies, you may need to file a retaliation claim with the U.S. Department of Labor or file a lawsuit with the help of a DBA lawyer.

To prove that your injury is related to your employment overseas under the Defense Base Act (DBA), you will need to provide medical evidence that the injury was caused by or arose out of your employment. This can include medical records, witness statements, and other evidence demonstrating the causal relationship between your injury and your employment. An experienced DBA attorney can help you with this process. 

Injuries that occur off-duty or on leave may still be covered under the DBA if a connection can be established between the injury and overseas employment.

Yes, you may be able to sue your employer or a third party for negligence in addition to receiving Defense Base Act (DBA) benefits. If your injury was caused by the negligence of your employer or a third party, you may be able to file a personal injury lawsuit to recover additional damages not covered by the DBA. 

The role of the Office of Workers’ Compensation Programs (OWCP) in DBA claims is to administer and oversee the claims process. OWCP is a part of the U.S. Department of Labor and is responsible for ensuring that injured workers receive the benefits they are entitled to under the DBA.

Employers who fail to secure DBA insurance may face criminal penalties, including fines or imprisonment, and executives of corporate employers may be held personally liable. Employees in this situation have the additional option to sue for damages instead of filing a DBA claim.

The War Hazards Compensation Act (WHCA) is a U.S. federal law that provides additional benefits to workers injured or killed due to war-related hazards while working under a U.S. government contract. The WHCA can provide compensation in certain situations where the DBA does not cover an injury or death. The WHCA and DBA can work together to provide comprehensive coverage for employees while working overseas.

Yes. Under the DBA, you can receive compensation for permanent disabilities, which are determined by the severity and impact of the disability on your ability to work. Benefits for permanent disabilities may include compensation for loss of earning capacity and, in some cases, vocational rehabilitation services.

The purpose of Defense Base Act mediation is to provide an informal and confidential process for resolving disputes related to DBA claims without the need for a formal hearing or trial.

The length of a typical Defense Base Act trial varies, depending on the complexity of the case, the number of witnesses, and other factors. However, these trials typically last several days to several weeks.

No, you generally do not have to pay taxes on Defense Base Act (DBA) benefits, as they are considered tax-free income under federal law. However, DBA settlements may be subject to federal and state income taxes, depending on the specific terms of the settlement and the circumstances of your case.

A Defense Base Act (DBA) waiver is an agreement between an employer and an employee that waives the employer’s obligation to provide DBA insurance coverage for the employee. The waiver may be used in situations where the employee is covered by other insurance, such as a health insurance plan, or is otherwise not eligible for DBA coverage. The U.S. Department of Labor must approve waivers to ensure they are valid and legally binding.

The amount of disability benefits you can receive under the Defense Base Act (DBA) depends on your level of disability. DBA benefits can provide up to two-thirds of your average weekly wage, subject to minimum and maximum compensation limits, as well as additional compensation for permanent disabilities or the loss of use of specific body parts.

Yes. Aggravation injuries are generally covered under the Defense Base Act (DBA) if they were caused by your work activities or conditions while working overseas as a civilian contractor. Aggravation injuries occur when a work-related incident or activity worsens a pre-existing condition or injury.

The party responsible for Defense Base Act (DBA) attorney fees is typically the employer or the insurance company. 

Yes. The DBA does not apply to employees covered by the Federal Employees’ Compensation Act, employees engaged in casual employment not in the usual course of trade, and masters or crewmembers of any vessel.

Any employer, contractor, or subcontractor with civilian employees overseas is required to obtain DBA insurance.

Defense Base Act coverage does not pass to contractors or subcontractors. Each employer must have its own DBA insurance. Accordingly, it is important to verify that contractors and subcontractors are covered by an active DBA insurance plan.

Yes. The DBA covers employees on any foreign U.S. military base or other U.S.-owned land.

No. Federal law distinguishes between contracts and grants, and the DBA only covers work performed under contract. However, a separate section of the DBA covers work financed by the U.S. through the Foreign Assistance Act.

Employers may apply with the Secretary of Labor to waive Defense Base Act requirements for any contract, work location, or class of employees. However, a waiver does not mean you will lose coverage under the DBA.

First, employers may still voluntarily offer DBA coverage even to waived employees or contracts. Second, employers must provide alternative workers’ compensation benefits under local law. If no such local benefits exist, the waiver is invalid.