In recognition of the fact that the United States government regularly contracts with private firms charged with construction tasks, service provision and similar assignments on military bases, embassies and other locations worldwide, the Defense Base Act (DBA) offers an important form of workers’ compensation benefits for those injured in the course of such undertakings.
If you are a civilian who has sustained harm while employed in this manner overseas, a distinguished worker’s compensation lawyer can help. A Mount Pleasant defense base act lawyer can help you hold the responsible party accountable for their negligent actions. En Español.
Key Elements
Considered to be a logical offshoot of the Longshore and Harbor Workers’ Compensation Act, 42 USC §1651 et seq, commonly referred to as the Defense Base Act, is the federal mechanism for providing essential benefits for individuals injured, killed or sickened while working abroad for a private enterprise under contract with the U.S. Government.
Eligibility for compensation is not restricted to American citizens, as these protections also encompass workers of any origin, nationals of the host country and workers hired from third countries for jobs at a host country site. An individual should contact a Mount Pleasant defense base act attorney to best understand the specific elements of the act.
Eligibility Criteria
The U.S. Government engages the services of individuals all over the world, including in far-flung locales such as Afghanistan, Iraq, Southeast Asia, Cuba and many other spots. In these areas, workers serve in capacities which render them eligible for DBA compensation should they suffer injuries on the job, namely:
- As an employee of a private firm situated on an American military base or on lands used by military members that are beyond U.S. Borders
- As someone working as part of a contract funded pursuant to the Foreign Assistance Act, perhaps facilitating transactions of materials, equipment, and services to allies outside the country
- As someone assisting with a public works contract with the U.S. Government for service or construction services connected to war or national defense activities
- As someone involved with the provision of welfare or other human services abroad for the benefit of U.S. military or related personnel
Qualifying Individuals
Because the range of duties carried out by contractors abroad on behalf of the U.S. Government is so vast, the sorts of individuals potentially eligible to receive benefits pursuant to the DBA is similarly expansive. Among those filing claims under the Act may be workers such as:
- Mechanics
- Truck drivers
- Translators
- Security staff
- Janitorial personnel
- Cooks
- Explosives specialists
- Clerical employees
- Tradesmen
The types of injuries and illness for which compensation may be sought are also voluminous and may include IED-related harm, slip and falls, gunshot wounds, occupational illnesses, vehicle accidents, post-traumatic stress disorder, hearing loss, and more. It should also be noted that DBA benefits can be paid if a covered individual suffers a job-induced exacerbation of a preexisting affliction.
A defense base act lawyer can be a tremendous resource for those wondering if their employment status and/or injury type qualifies them for assistance under the statute’s provisions in Mount Pleasant.
Potential Benefits
Workers who demonstrate an inability to return to work for a given period of time may be able to secure disability benefits amounting to two-thirds of the average weekly pay, subject to an annually-adjusted cap.
The importance of filing a claim with a Mount Pleasant defense base act attorney means the potential for gaining damages for any injuries or losses you may have taken on. Those unable to ever return to gainful employment will receive permanent benefits, and for those killed on the job, a surviving spouse and/or other eligible relatives such as minor children will receive ongoing death benefits as well as a defined amount for funeral costs.
Benefit of a Mount Pleasant Defense Base Act Attorney
In order to secure compensation pursuant to the federal Defense Base Act, claimants must closely adhere to all procedural requirements and time limitations, duties which can prove daunting for those who lack seasoned legal counsel. A Mount Pleasant defense base act lawyer can assist those injured abroad in asserting their right to the crucial array of benefits federal law affords.
