But take note – this is not to suggest that you may be covered 24/7 during your time overseas, or for ANY injury or condition that may arise during recreational activities. You still need to establish that link between the injury and the employment.
With the extensive use of contractors in the recent military actions in Iraq, Afghanistan and other places around the globe, there has been an increase in the number of contractors injured or killed by insurgent activity. The number of DBA claims has spiked accordingly, as the work environment presents reasonably foreseeable dangers that the workers would not be exposed to in their home countries.
Issues surrounding psychiatric claims such as Post Traumatic Stress Disorder (PTSD) also arise frequently when the contractor has been in an active war zone. These claims can be difficult, because often treatment is not sought immediately, (or in some cases not at all) until long after a triggering event. Particularly in the cases of suicide caused by a psychiatric condition, it can be difficult to prove that the suicide was the result of an irresistible impulse brought on by the condition.
Generally, there is no DBA coverage for injuries or death brought on by “willful acts,” including suicide. Injuries that occur because of the intoxication of the employee or by the “willful intention of the employee to injure or kill himself or another” are not covered. Also, you cannot benefit from your own illegal acts or acts that are so personal in nature that they cannot reasonably be connected to the conditions or obligations of employment.
In some cases, substandard medical care that was provided in the foreign locale and exacerbated or contributed to an injury will give rise to DBA coverage.
If you have been injured, or a loved one killed while working overseas, it can be confusing to determine whether you have a DBA claim. You should consult with an attorney experienced in DBA claims, and one who will advocate for you. The attorneys at Barnett, Lerner, Karsen, Frankel & Castro, P.A. have the experience and dedication to help you in this very important matter.