In a world as uncertain as ours, insurance coverage is a must-have.
And when it comes to coverage for contractor employees working outside the United States on US military bases or for the government for public works or national defense, Defense Base Act Insurance (DBA) is especially crucial.
But is DBA Insurance Required for Foreign Nationals? Read on to learn more…
DBA Insurance Explained
DBA Insurance was enforced by the War Hazard Compensation Act and is crucial for all government employees working overseas.
The law insists that workers’ compensation benefits are available for those individuals covered and that these are delivered correctly and promptly.
You are liable for DBA Insurance in the following categories.
- If you work for a private employer at a US military base or on any lands used by the US for military purposes outside the US. This includes those in Territories and possessions owned by the US.
- If you work for American employers providing services of welfare or similar outside the US, for the Armed Forces.
- If you work on public employment contracts with any US government agency. This includes the likes of construction services, and national defense or war-related contracts out of the US.
- If you work on contracts approved/funded by the US under the Foreign Assistance Act to facilitate the cash sale of military equipment, materials, and services to US allies, outside of the US.
Is DBA Insurance Required for Foreign Nationals?
The need for this insurance applies to you, whatever your nationality. You are therefore eligible for the benefits of DBA Insurance.
Employers must cover all of their employees working outside the US, as per their government contract. Host country nationals, as well as local hires, are included, as are third-country foreign nationals employed from separate countries working for the US government in the host country.
As well as local nationals, the DBA must cover and compensate workers in far-flung locations, anywhere in the world, known for being high risk and dangerous. This means any US citizen or local hire working for the US government is at risk and must be protected. To not cover all employees would be discriminatory and unjust.
It is possible for a Secretary of Labor to waive an application of the DBA regarding foreign nationals if requested by the government.
In this instance, an application for a waiver will only be considered if the foreign employees are under alternate workers’ compensation coverage in line with local laws.
If the local laws don’t cover these workers, the waiver is not effective. In this instance, the foreign nationals employed by the US government will be eligible for DBA Insurance.
Some of the countries listed under the waiver are American Samoa, Brazil, China, Finland, Germany, Japan, Latvia, Mexico, Netherlands, Philippines, Russia, and the UK.
If you asked “is DBA insurance required?”, now you know. You must protect your rights when it comes to any Defense Base Act legal issues.
Making a claim can often be a tiresome, complex process and lead to further issues. Having legal representation is crucial in this situation.
Barnes Law Firm is here to help you get what you deserve. Contact us if you have any queries whatsoever.