Defense Base Act Extension to the Longshore & Harbor Workers’ Compensation Act

Congress has enacted a number of extensions to the Longshore and Harbor Workers’ Compensation Act (“Act”). These extensions have significantly expanded the scope of coverage to include many non-maritime workers. The Defense Base Act (“DBA”) is one such extension that provides workers’ compensation benefits to civilians working overseas under a contract with the U.S. government for “public works” programs. Additional extensions to the Act include the Nonappropriated Fund Instrumentalities Act; the Outer Continental Shelf Lands Act; the War Hazards Compensation Act; and the District of Columbia Workers’ Compensation Act.

Given the recent wars in Afghanistan and Iraq, we have seen an increase in the number of Longshore cases coming under the DBA extension. When an accident and resulting injury fall under the jurisdiction of the DBA, the claim must be reported to one of five (5) OWCP District Offices throughout the U.S., depending upon the geographical location of where the injury occurred. Once the injured worker returns to the continental U.S., he or she may transfer their case to their local OWCP District Office.

An issue that we have seen far too often is the improper calculation of lost wage benefits. Many of the injured workers whose claim falls under the DBA have received an enhanced rate of pay to compensate for the hazardous working conditions associated with their position. Unfortunately, there are times when the employer or their insurance company fails to give the injured worker the benefit of that increased pay when determining their lost wages. The proper calculation of lost wages is vital to ensure that an individual who has been injured, unable to return to work, and facing increasing financial difficulty is properly compensated under the Act.

If you have been injured while working overseas and believe you may have a DBA claim, or just have general questions, please feel to contact me via the “contact us” portal, or call (904) 777-7777. Initial consultations are free of charge.