When Is DBA Insurance Needed?

When Is DBA Insurance Needed?

Apr 9, 2021 | Defense Base Act

What do you do when you’re overseas working on a U.S. military base and lose your foot in an accident? In most cases, you’ll want to go home to recover around your family and loved ones. 

But, what about all the expenses? How are you going to be able to afford it?

These are common worries that people may have in this situation. Luckily, that’s where DBA insurance comes in.

Let’s learn more about how you can receive workers’ compensation through the policy below.

Which Construction Contracts Require DBA Insurance?

The Defense Base Act insurance is a part of contracts between private construction companies and the U.S. military. If your employer receives a contract for a public works project in a foreign country, they must have DBA injury coverage. The policy also applies to overseas U.S. military base work.

Construction companies can either purchase the insurance from an approved third-party business, or they can request approval to self-insure. 

What Does DBA Insurance Cover?

The DBA injury policies work similarly to other workers’ compensation insurance and cover on-the-job injuries. If you’re an injured worker, you can file a DBA claim to cover medical expenses, work-related death, and to get disability benefits.

In addition to paying for hospital care, the DBA claim requires your employer to pay 2/3 of your average weekly wage for a certain time period, in case of disability. 

Who Qualifies for DBA Insurance Coverage?

As a civilian worker, whether you’re a U.S. or foreign national, you’ll receive workers’ compensation from a DBA claim if you fall into one of four groups:

  1. You’re employed by a private contractor either on an overseas military base or any foreign land that the U.S. uses for the armed forces.
  2. Your employer is helping to build public works and national defense projects with international U.S. government agencies. 
  3. You’re a local who has been contracted by a private U.S. company to complete a road or school that’s been covered under the Foreign Assistance Act.
  4. You’re an employee of a company that provides welfare services to the army. 

Employer Penalties for Non-Compliance

Unless specifically approved via a waiver, it’s required that employers have Defense Base Act insurance. If you’ve been injured on the job and discover the company has no policy, they can be penalized as follows,

The employer must pay you any benefits that the DBA states you are eligible for. If your company refuses to compensate you, you can sue them for damages. 

During court, the employer cannot argue contributory negligence, assumption of risk, or fellow-servant rule. When the contractor is found guilty, they’ll receive a misdemeanor. Also, they get a fine of up to $10,000 and a year in jail time.

Need Help Filing a DBA Claim? Contact Our Legal Team Today 

The Defense Base act allows both U.S. citizens and foreign nationals working for the United States military to receive workers’ compensation. The policy puts the onus on private contractors to provide coverage and penalizes them for trying to cut corners. 

If you’re an overseas injured worker, and you want to file a DBA insurance claim, contact the legal team at Barnes Law Firm today.