Defense Base Act Waivers: How Do They Work?

Defense Base Act Waivers: How Do They Work?

Mar 25, 2022 | Defense Base Act

Are you wondering how Defense Base Act (DBA) waivers work?

The Defense Base Act is a law that provides medical benefits and disability compensations to employees working in U.S. embassies and military bases. Eligible survivors of workers dying in the line of duty also receive death benefits.

In some cases, government agencies can waive DBA protection for certain employees. As a contractor, how can you tell if your agency is lawfully waiving your DBA protection?

How can you determine if the waiver applies to you as an employee? Read on for a guide to DBA waivers and how they work.

The Mechanics of Defense Base Act Waivers

How does a Defense Base Act waiver work? Employers should extend DBA coverage to their employees. Meanwhile, contractors should have Defense Base Act insurance to cover the compensation.

The ordeal can be costly most of the time. The DBA Law allows heads of any U.S. agency to request a DBA waiver as long as the Secretary of Labor agrees. The labor secretary will determine if the waiver request is justifiable.

Waivers will apply to any contract, subcontract, subordinate contract, employee classification, and work location. Approval will release the contractors from mandatory buying DBA insurance.

Limitations of DBA Waivers

Applying for waivers becomes tricky if you don’t know its limitations. DBA waivers generally do not apply if the employee is a United States citizen.

Employers can’t waive the DBA compensation if they hire an employee in the country. The same applies if the employee is a U.S. resident, regardless of nationality.

A crucial factor concerning the limitations of DBA waivers is the case of Guam. The Department of Labor changed the blanket waiver for Guam in 2020. The new one gives DBA coverage to all local and American citizens in Guam but waives coverage for third-country nationals.

Another limitation is you can only waive the DBA if the employee has workers’ compensation benefits. The DBA waiver becomes inoperative if the employee doesn’t have active compensation coverage under local laws.

Employers working on government contracts should ensure local workers’ compensation coverage for their employees. Finding reputable defense base act insurance carriers is the key. Without it, they cannot secure a valid waiver.

Hiring a Defense Base Act Lawyer

Hiring a DBA claims lawyer will help you navigate through the DBA’s intricate process. How do you find the right attorney to handle your DBA-related concerns?

Check their experience in the area. How many cases did they handle through the years? Check their track record in handling DBA claims.

Ask about their legal fees and what their services cover. Will they prepare all the forms and documents? The lawyer should ensure 100% accuracy in everything to avoid losing the claim in court.

Let Us Help With Your DBA Claims

Understanding how Defense Base Act waivers work ensures you get the correct compensation. If you’re looking for a trusted Defense Base Act attorney, you can end your search right now.

We offer top-notch services for DBA claims. Connect with us today and tell us more about your case. We’ll be more than happy to discuss your options.