How Does the Defense Base Act Protect Sexual Assault Victims?

How Does the Defense Base Act Protect Sexual Assault Victims?

Jun 23, 2022 | Defense Base Act

Over the last 20 years, thousands of U.S. nationals have been kidnapped while they are overseas for work. People in foreign countries kidnap and torture these people because they work for the United States government. Once they are freed from captivity, they continue to struggle with the effects of everything they went through.  

Continue reading to learn how the Defense Base Act provides for victims of sexual assault while working overseas. We’ll also discuss why you might need a Defense Base Act attorney on your case.

What Is the Defense Base Act?

The Defense Base Act (DBA) of 1942 is a workers’ compensation program that extends to protect U.S. civilians.

These civilians are those working outside of the Continental United States for the U.S. government. It also covers those working with the U.S. military. This can also refer to insurance professionals and the families of covered individuals.

The DBA is an extension of the Longshore and Harbor Workers’ Compensation Act. Since 1942, the Act has been amended and clarified to expand coverage to more than just those harbor workers and longshoremen.

When individuals file DBA claims, they can’t also file a state tort claim or state workers’ compensation claim. This also allows employers to dismiss claims brought against them after a DBA claim is taken into account.

How Can It Help Sexual Assault Survivors?

If you were kidnapped and/or sexually assaulted as a result of your work for the United States, you’re not alone. The Defense Base Act helps provide sexual assault victims with access to medical attention. It can also help you get financial compensation for any pain and suffering you might’ve suffered at the hands of foreign criminals.

If you have a loved one that died as a result of their injuries, the DBA can also provide death benefits for their family members.

The Defense Base Act requires employers to aid their employees following an incident. Employers have a duty to their employees following injuries acquired during their employment. They have to authorize medical treatment as soon as possible. They also have to help their employees file their Defense Base Act claims.

Insurance providers also have a duty to their insurance recipients after these incidents. Insurers must make sure these covered employees get the medical attention necessary for their injuries. They also need to make sure that the medical providers have instructions for billing and reporting.

Do You Need a DBA Lawyer?

It can be challenging to navigate your Defense Base Act claims for injuries sustained at the hands of a criminal because of your association with the United States.

The process may seem straightforward. Unfortunately, your employer and the insurance company may fight your claims. A DBA attorney can guide you through the process and get you the compensation that you deserve after everything you’ve been through.

Contact Barnes Law Firm today for more information on the Defense Base Act. We look forward to helping you.