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Professional Overseas Contractors

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Understanding the preemptive role of the Defense Base Act (‘‘DBA’’) is crucial for any federal government contractor performing overseas work for the US military or federal departments or agencies. The DBA creates an exclusive workers compensation scheme providing disability and medical benefits and vocational rehabilitation to covered employees, and death benefits to eligible survivors of employees.

The DBA applies to employees of defense contractors working outside the US whose injuries or death arise out of the course of their employment. It is the exclusive remedy for such employees against their employers. In other words, contractor employees may not pursue state tort law claims or state workers’ compensation claims against their employer for injuries covered by the DBA. Defendant employers can and should move to dismiss state law tort claims by employees or former employees based on the DBA exclusivity.

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Professional Overseas Contractors - www.Your-POC.com
The DBA is an extension of the Longshore and Harbor Workers' Compensation Act (LHWCA) which provides disability compensation and medical benefits to employees and death benefits to eligible survivors of employees of U.S. government contractors who perform work overseas. With a few exceptions, the DBA incorporates the provisions of the LHWCA.

The DBA covers work for private employers on U.S. military bases or on any lands used by the U.S. for military purposes outside of the United States, including those in U.S. Territories and possessions. Work on public work contracts with any U.S. government agency, including construction and service contracts in connection with national defense or with war activities outside the United States.

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Professional Overseas Contractors

Defense Base Act (DBA) for Military Contractors: 2013

The Defense Base Act (DBA) is an extension of the Longshore and Harbor Workers' Compensation Act (LHWCA) which provides disability compensation and medical benefits to employees and death benefits to eligible survivors of employees of U.S. government contractors who perform work overseas. With a few exceptions, the DBA incorporates the provisions of the LHWCA.

  • Work for private employers on U.S. military bases or on any lands used by the U.S. for military purposes outside of the United States, including those in U.S. Territories and possessions;
  • Work on public work contracts with any U.S. government agency, including construction and service contracts in connection with national defense or with war activities outside the United States;

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