Defense Base Act Claims
What is a Defense Base Act Claim?
If you are injured while working as a civilian for a company supporting the U.S. Department of Defense in Iraq, Kuwait, Afghanistan or anywhere overseas, you may be entitled to receive Federal workers' compensation benefits under the Defense Base Act (42 U.S. Code §1651).
The Defense Base Act, 42 U.S.C. § 1651, provides the same rights and remedies as the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. It covers all injuries and occupational illnesses which occurred due to employment in a covered employment. The act applies to employees of contractors who contract with the United States government and its military services on or off military bases overseas. Almost any contract involving the United States overseas may entitle a claimant to the benefits of the Defense Base Act whether it involves a school, road or any other structure or service. Such contracts include public works contracts, including construction and service jobs, having anything to do with national defense or war activities, as long as work was being done for the Department of Defense abroad.
What are the benefits under the Defense Base Act?
Injured workers are entitled to weekly compensation while the doctor has them off of work, all of the reasonable and necessary medical care (including the right to a doctor of their choice), and compensation for any permanent disability. The spouse and minor children of a worker, whose death is attributable to the work environment, are also entitled to compensation benefits.
The first thing you should do after an injury or illness is notify your employer as soon as practicable but no later than 30 days. Regardless of fault, even your own, you could be entitled to various benefits.
I. Medical Treatment
To begin, you are entitled to medical treatment. With few exceptions, you are entitled to choose your first medical provider who will be paid by your employer or its insurance carrier. Any change in a doctor thereafter may require the consent of your employer. Prescriptions and travel to medical providers are also covered. You will not have to advance any medical fees. Your medical expense will be paid as long as your treatment is medically determined to be related to the claim. Your employer has the right to have you examined by a doctor of its choosing to verify the need for treatment and continuing of payments of benefits. Your failure to comply with such an exam could result in the stopping of your benefits.
II. Loss of Earnings or Disability or Death Benefits
If you are totally disabled for more than 3 days, you may be entitled to additional benefits beyond medical treatment. This act provides for a higher rate of compensation than under normal state laws. Normally, you should be entitled to 2/3 of your average weekly earnings with a maximum of $1,047.16 per week for as long as it is determined that you are not able to return to work.
In addition to loss of earnings benefits, you may also be entitled to either permanent total or partial disability benefits. If you are found permanently totally disabled, your loss of earnings will continue with a yearly adjustment for inflation. You may be permanently partially disabled if you are found to be able to perform some type of work. Compensation for such a finding is based on a schedule for the total loss of use of different body parts. For example:
Hand = 244 weeks of compensation
arm = 312 weeks
foot = 205 weeks
leg = 288 weeks
eye = 160 weeks
thumb = 75 weeks
index finger = 46 weeks
middle finger = 30 weeks
ring or pinkie finger = 15 weeks
big toe = 38 weeks
other toes =16 weeks
bilateral hearing loss = 200 weeks
hearing loss one ear = 52 weeks
disfigurement = $7,500.00
In the event of death, benefits are to be paid to the dependants of the employee. Such benefits total ½ of the worker's average weekly earnings if there is a surviving spouse or one child or 2/3 if 2 or more eligible survivors up to $1,147.16. Funeral expenses up to $3,000.00 are also paid. Permanent total disability and death benefits may be payable for life.
When should I contact an attorney?
In the event you do not receive your proper benefits timely, or you receive a notice contesting the benefits, you should immediately contact an attorney since there are time limits for protecting your rights to dispute the actions of your employer. Claims must be filed in the appropriate district office of the United States Department of Labor.
Even if you believe you are receiving all your proper benefits, you should still contact an attorney before signing any documents or agreeing to any settlements or attending examination arranged by your employer. Most attorneys will not charge a consultation fee in these matters, so it is better to be safe than sorry.
You should also be aware that persons other than your employer might have caused your injury. In such case, you may have a claim separate from your compensation claim. Your employer or its compensation carrier may not advise you of this, so you may want to consult an attorney. If you have such a claim, there will be a lien for compensation benefits paid against any recovery in the other claim. However, bringing such a claim will not affect your compensation benefits.
