Defense Base Act: 3 Types of DBA Claims

Defense Base Act: 3 Types of DBA Claims

Jul 21, 2022 | Defense Base Act

Did you know that you’ll need to pay between $3.50 and $4.50 per every $100 in your payroll for your defense base act insurance?

There are various aspects covered under the Defense Base Act. You’ll get covered if you’re working for private employers on the U.S. military bases. It’ll also happen when you’re working on lands used by the U.S. military activities outside the U.S. borders.

The Defense Base Act also covers you if you’re working on public work contracts with any government agency in the U.S.

Read on to understand three types of Defense Base Act claims.

1. N.R. vs. Halliburton

This type of DBA claim involved an employee contracted to work at a military base in Afghanistan. As he was traveling to his departure point, he got injured.

This followed a direct infringement of the orders of on-base military police. These orders were about the safety procedure requiring the victim to travel by military convoy.

Still, the worker saw that traveling by the military convoy would cause significant threats to his well-being. So, he decided to travel by his own means.

After the military police got deployed to arrest him, fracas happened. During the scuffle, the worker got injured and filed a Defense Base Act claim upon returning home.

Still, the administrative law judge dismissed the workers’ claim. This happened because the Zone of Special Danger couldn’t be applied in the case.

Later on, the U.S. Department of Labor’s Benefits Review Board reversed the ruling. The board claimed the language used in the Longshore Act law allows for compensation regardless of fault.

2. O’Leary vs. Brown-Pacific-Maxon

This DBA claim involved a worker who drowned while trying to save his two colleagues. These colleagues were swimming in dangerous areas around the employer’s facility.

The deceased worker’s beneficiaries received DBA Act compensation due to the Zone of Special Danger.

Any contractual work done in hazardous conditions overseas imply that workers can’t escape the potential risks in their working environment. Thus, all activities not included within the state workers’ compensation range get covered under the Zone of Special Danger doctrine in the Defense Base Act.

3. War Hazards DBA Claims

The formulation of the War Hazards law was to complement the DBA Act. Besides, this law covers three types of DBA claims.

Individuals with injuries that don’t fall under NAFIA or DBA can file claims under the War Hazards Act. You can also file a direct claim under the provisions of the War Hazard law if you’re taken captive or imprisoned by hostile forces.

Self-insured employers can also seek compensation through the War Hazards Act for losses and expenses incurred from war risk hazards.

Defense Base Act Claims

You should find reputable DBA lawyers when filing your DBA claims. You can seek online reviews to hire the best attorney.

Also, seeking referrals from family and friends will help you find a good DBA lawyer for your case. Find out about the experience level of your lawyer in this line of practice.

The higher the expertise level, the better the legal service to expect.

Contact us to learn everything you should know about Defense Base Act claims.