DBA Coverage and the Reconstruction of Ukraine
Recently, on its website, SOC announced the opening of operations in Ukraine following the invasion and vicious attacks by Russia. SOC announced that it has placed forward-operating teams, supply chains, and staff in the area. Over the years SOC, and many other private companies, have supported the U.S. National Security mission in many projects in many countries, including Syria, Iraq, Afghanistan, Somalia, and many others.
The U.S. and Ukraine are reported to be working together with international businesses to accelerate rebuilding efforts in Ukraine. It is reported that the U.S.-Ukraine Partnership Forum brought together the private sector, government, and other leaders to the U.S. Chamber of Commerce recently on April 13, 2023, to discuss methods to rebuild and enforce Ukraine’s economy. The World Bank recently reported that the cost of rebuilding Ukraine will be in excess of $400 Billion.
The Defense Base Act (DBA) is designed to provide medical treatment and compensation to employees of defense contractors injured in the scope and course of employment. The DBA is administered by the United States Department of Labor. 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.
DBA covers the following employment activities:
- 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;
- Work on contracts approved and funded by the U.S. under the Foreign Assistance Act, which among other things provides for cash sale of military equipment, materials, and services to its allies, if the contract is performed outside of the United States;
- Work for American employers providing welfare or similar services outside the United States for the benefit of the Armed Services, such as the USO.
- Employees of any subcontractors of a contract involved in the work detailed above, it is applicable to both US and local national employees.
- Generally, workers employed by U.S. contractors performing public works for the U.S. government in U.S. territories, at United States military bases located OCONUS, and in support of military aid programs within allied nations. It also covers those who are employed overseas by welfare and morale projects such as the American Red Cross, the U.S., and others. Public works is defined in 42 U.S.C. Section 1651.
It is expected that the United States will provide significant rebuilding and reconstruction in Ukraine. Workers injured during such projects, under U.S. government contracts and on contracts approved and funded by the U.S. under the Foreign Assistance Act will unfortunately sustain injuries. Such workers will be covered under the Defense Base Act.
DBA lawyer Tim Nies, an Army Ranger veteran (3d Battaltion), and the staff at DBA law firm, Van Riper and Nies Attorneys, stand ready to represent U.S. contractors injured while working in support of the reconstruction of Ukraine.
For more information about the Defense Base Act, including filing a DBA claim, DBA mediation and litigation, contact Defense Base Act attorney Tim Nies day or night at 772-283-8712. If you are injured in Ukraine, call Tim Nies to discuss the applicability of DBA Coverage During the Ukraine Reconstruction