Defense Base Act (DBA): Am I Covered by the Defense Base Act as Foreign Citizen

You then want to know if you are covered by the Defense Base Act as a foreign citizen. Individuals working on American military stations abroad were initially exempt from the Defense Base Act (DBA), which was passed in 1958.

Since then, it has been expanded to include the vast majority of government contractors who work outside of the United States. In general, civil servants working for contractors that provide support to military and State Department missions around the world are protected under the DBA.

The Defense Base Act

Workers’ compensation insurance for employees operating abroad of the United States is required by the DBA for federal government contractors and subcontractors working for the federal government. In accordance with the DBA, benefits are paid regardless of whether or not an accident was caused by the injured worker’s negligence. In contrast to other workers’ compensation programs, the DBA provides coverage for employee injuries that occur both on and off the job, unlike other programs. Even injuries received while participating in recreational activities such as running, swimming, or playing basketball are compensable under the DBA, which indicates that they are compensable under the Act.

The responses were created solely to assist employees and employers in gaining a thorough understanding of the Longshore and Harbor Workers' Compensation Act (LHWCA), as it has been expanded to the Defense Base Act (DBA) (DBA). There is no guarantee that the material in these FAQs is complete or that it represents the Department of Labor's, the Office of Workers' Compensation Programs', or the Division of Longshore and Harbor Workers' Compensation's official opinion or policy on any given issue. This page does not claim to be an exhaustive or up-to-date treatment of the DBA, and it should not be used as a substitute for a party's own investigation into the statutory, regulatory, and case law authorities on any specific subject addressed by the following FAQs, which should be conducted independently of this page.

Yes, the Defense Base Act applies to foreign nationals as well.

The Defense Base Act offers disability, medical, and death benefits to covered employees who are wounded or killed on the job, regardless of whether the injury or death occurs during working hours.

Employees of contractors and subcontractors working on federal contracts with the United States Department of Defense are entitled to benefits under the Defense Base Act (DBA), regardless of nationality. Employers should therefore guarantee that all people operating outside of the United States as a result of a government contract have adequate insurance coverage before sending them abroad. This category includes both host country residents (sometimes known as local hires) and third-country foreign nationals hired by the US government from another country to work for the host country’s government.

When Congress passed the DBA in 1997, it clearly provided coverage for local nationals. The Ninth Circuit Court of Appeals has decided that the Department of Labor provides workers’ compensation payments for employees in distant places of the world renowned for having unsafe working circumstances that put both U.S. residents and local hires at risk of injury or illness. Because the risk of injury in such environments is not based on citizenship, applying this criteria to local nations that work for the US would result in an unfair and unjust ruling.

Waiver of the DBA for Foreign Countries

When Congress passed the DBA in 1997, it specifically included coverage for local nationals. The Ninth Circuit Court of Appeals has decided that the Department of Labor provides workers’ compensation payments for employees in remote places of the world that are notorious for having unsafe working conditions that put both U.S. residents and local hires at risk of injury or illness. Because the risk of injury in such circumstances does not discriminate based on citizenship, applying this criteria to local nations that work for the US would result in an unfair and unjust ruling.

Current DBA waivers apply to the following nations, among others: the following countries:

• American Samoa
• Japan
• Latvia
• Mexico
• Netherlands
• Philippines
• Russia
• South Korea
• Turkey
• United Kingdom
• Vietnam
• Austria
• Brazil
• China
• Denmark
• Finland
• Germany
• India

Who are Employees Protected by the Defense Base Act?

• Individuals employed by a private employer on a United States military post or on territory used for military purposes in another country.

• The United States government approves and funds contracts that employ foreign labor to offer support to our allies.

• Individuals employed by a non-profit organization that provides morale and welfare services to troops serving in other countries

• Employed overseas under a public works contract funded by any United States government agency engaged in national security or war activities are referred to as “Overseas Workers.”

What Injuries Are Covered by the Defense Base Act?

The following are some of the most prevalent injuries that qualify for DBA compensation:…

• Tripping and falling on the stairs, resulting in a back injury.

• Those who were injured while ducking for cover while under enemy fire.
• Injuries caused by IED explosions.
• Injuries caused as a result of falling from a bunk
• Welding-related injuries
• Fatalities.

Contact a Dedicated Legal Advocate Today!

If you are a foreign national working on a government contract with the US, you may be eligible for pay under the DBA. You should consult an experienced attorney with a sophisticated understanding of federal administrative laws to further understand the nature and scope of your rights under the DBA. This will assist in ensuring that your right to collect compensation for your injuries is properly compensated under federal law.