Federal Defense Base Act Workers Comp Claims
THE FEDERAL DEFENSE BASE ACT
THE FEDERAL DEFENSE BASE ACT
If you are an employee of a U.S. government contractor that is working overseas and get injured on the job, you may be entitled to worker's compensation benefits, including medical care, under the Federal Defense Base Act.
The Defense Base Act is based on the Federal Longshore and Harbor Workers' Compensation Act. It requires all U.S. government contractors and subcontractors to provide workers' compensation insurance for their employees working overseas.
The Defense Base Act covers the following work activities.
- Working 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;
- Working 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;
- Working on contracts funded and approved by the U.S. under the Foreign Assistance Act, generally providing for cash sale of military equipment, materials, and services to its allies, if the contract is performed outside of the United States;
- Working for American employers providing welfare or similar services outside of the United States for the benefit of the Armed Forces, e.g. the USO.
BENEFITS UNDER THE DEFENSE BASE ACT
The Defense Base Act provides disability, medical, and death benefits to covered employees who are injured or killed in the course of employment, whether or not the injury or death occurred during work hours.
Compensation for total disability is two-thirds of the employee's average weekly earnings, up to a current maximum of $1,030.78 per week. Compensation also is payable for partial loss of earnings.
Death benefits equal half of the employee's average weekly earnings and are paid to the surviving spouse or to one child, and two-thirds of earnings for two or more such survivors, up to the current maximum weekly rate.
Permanent total disability and death benefits may be payable for life, and are subject to annual cost of living adjustments. There is no minimum compensation rate.
Permanent disability and death benefits payable to aliens and non-U.S. residents may be commuted by payment of half of the present value of future compensation, as determined by the OWCP district director.
The injured employee is entitled to medical treatment by a physician of his/her choice, as the injury may require. Medical benefits may not be commuted.
A written claim for benefits must be filed in the office of the OWCP district director within one year of the injury or within one year from the last payment of compensation, whichever is later.
by: David Park
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