The DBA Explained: Misconceptions About the Defense Base Act

The DBA Explained: Misconceptions About the Defense Base Act

Dec 21, 2019 | Defense Base Act

The Defense Base Act is a lot like regular worker’s compensation insurance. The DBA covers medical bills and lost earning potential for civilian contractors who are injured while working at a US Defense Base oversees.

As with any insurance process, filing a claim under the Defense Base Act can be confusing. There have been modifications to the law and abuses of it as well.

As you’re navigating your claim, you may have heard some conflicting facts and misconceptions. And unscrupulous defense lawyers aren’t going to help.

If you’re feeling lost in the DBA case process, you’ve come to the right place for assistance and peace of mind. We’ve dispelled a few of the biggest DBA myths below. Read on for the facts! 

The Defense Base Act Doesn’t Cover Non-Citizens

The DBA covers any employee of a private employer on a US military base. This includes translators, interpreters, guides, or any other non-citizen employee working in the many realms stipulated by the DBA.

The DBA was modified in 1958 to include non-citizen workers and also provided for employees providing morale and welfare services on these contractor projects.

Any Lawyer Can Help My Case

Defense Base Act claims and cases started booming as people returned from Iraq and Afghanistan, meaning big business for defense lawyers. Some firms even began placing representatives on flights coming out of these war zones. Some of these lawyers didn’t have the claimants’ best interests at heart.

As with any legal procedure, you need to do your research on the right firm to represent you. Not all lawyers are equally well versed in the specifics of the DBA. Find legal representation that is knowledgeable and specialized in DBA cases. 

The DBA Doesn’t Apply to Injuries Off the Job

Under regular workers’ compensation programs, only job-related injuries would be considered. However, the DBA often provides compensation for injuries incurred during the time frame that an employee works for a contractor, even if the injury happens off-work hours. The DBA sets out the “zone of special danger” to injuries that take place outside of the scope of employment. 

The Government Pays the Claims

The Defense Base Act sets out a requirement for employers and contractors to provide compensation or workers’ compensation insurance. Therefore, the claims will be paid out by the employer or its insurance firm. While the government provides the calculations on how much should be paid out, it is not involved in the settlement of the case.

Defense Base Act claims are actually one of the highest costs for private companies engaged in military contracts. 

Are You Filing a DBA Claim?

If you’re in the process of filing a case under the Defense Base Act, get help from the experts. 

Don’t risk getting your case dismissed. Our firm has experienced lawyers ready to help you navigate your case. Contact us today to schedule a free consultation.