Explaining Defense Base Act (dba) As An Extension Of The Longshore And Harbor Workers’ Compensation

By Author: Allan Kenan
Total Articles: 8
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Workers of any job, particularly those employed by industrial companies, are prone to injuries due to various reasons, including equipment malfunction and lack of proper supervision and training. Whatever the cause, injury sustained at work is considered a liability for the employer and therefore a ground for personal injury lawsuit. However, as filing a complaint may take time, automatic worker’s compensation is provided instead.

Worker’s compensation insures an employee against the injuries they acquire while on duty by providing wage replacement and medical benefits. The differences in worker types and employment conditions make the workers’ compensation program flexible towards expansion and restriction. Those workers outside the continental United States who might not be covered by the existing workers’ compensation program, particularly those employed at US defense bases overseas, are covered by the Defense Base Act (DBA). This is an extension of the workers’ compensation program that covers longshoremen and harbor workers.

Aside from longshoremen and harbor workers, any employee who works on lands ...
... used by the US for military purposes offshore or outside its territory is covered by DBA. This includes employees of private employers on US military bases and of US government agencies. Construction professionals deployed to build military facilities overseas are examples of employees covered by this program.

Even nonprofit American organization workers who provide welfare and entertainment services for soldiers stationed outside the country are entitled to DBA benefits. The American Red Cross and the United Service Organization (USO) hold the highest number of beneficiaries in this order. However, the United States Code provides a clear definition of “public works” for which beneficiaries must be found involved. Otherwise, they may not be entitled for any compensation.

With the help of a DBA attorney, an employee can quickly file for claim. The initial technical requirement is reporting the accident to the immediate supervisor for verification. Medical treatment immediately follows after qualification.

The worker has to accomplish several forms and file them with the Office of Workers’ Compensation Programs. A similar process is implemented by Longshore Harbor Workers Compensation Act, which covers maritime workers. Filing should be done within one year of the date of injury.

Read more about DBA, which a Defense Base Act attorney in the US can help you further understand, in dol.gov. This is an official website of the US Department of Labor, which provides all necessary information to enjoy your right as an offshore employee of the United States.