Employees working for American employers that provide welfare or other morale services outside of the US for the benefit and wellbeing of members of the military, such as the United Service Organization (USO) are covered by the DBA.
Finally, other foreign nationals working for such contracted employers are also covered under the DBA, regardless of nationality or origin.
With a few notable exceptions, the DBA incorporates the provisions of the LHWCA . The U. S. Department of Labor, Office of Workers’ Compensation Programs (OWCP), Division of Longshore and Harbor Workers’ Compensation (DLHWC), administers the DBA through district offices located throughout the United States.
For an injured worker, the benefits available include reasonable and necessary medical benefits, such as surgical and hospital treatment. The law also provides for payment of such things as prescription medications, physical therapy, diagnostic tests, attendant care, prostheses, hearing aids and necessary medical equipment, such as walkers or oxygen concentrators, and the cost of travel for medical treatment.
There is also a wage replacement component of this law. You can be compensated for lost wages based on the type of disability: temporary partial, temporary total, permanent partial and permanent total disability. Generally, this amount cannot exceed two-thirds of the worker’s average weekly wage, subject to minimum and maximum amounts.
Pursuing a claim under the Defense Base Act can be complex, and often require legal counsel experienced in these types of claims. There are stringent time requirements and procedures, and not knowing the rules may adversely affect your claim.
If you have been injured overseas while working for a U.S. contractor, or if a loved one has been killed, you may be entitled to compensation for that injury or death. The attorneys at Barnett, Lerner, Karsen, Frankel & Castro, P.A. have the experience and dedication to assist in pursuing your Defense Base Act claim.