What Are the Benefits Under the Defense Base Act?

What Are the Benefits Under the Defense Base Act?

By Tim Nies, Defense Base Act Lawyer and U.S. Army Ranger Veteran

I am often asked, “What are the benefits under the Defense Base Act?” When civilian contractors are injured while working overseas under U.S. government contracts, they are protected by a powerful federal law known as the Defense Base Act (DBA). The DBA provides vital benefits, including medical care and lost wage compensation, for injured contractors and their families. Understanding what benefits you’re entitled to is the first step in protecting your rights and securing your future.

As a Defense Base Act attorney and former U.S. Army Ranger, I have seen firsthand how difficult it can be for injured contractors to get the care and compensation they deserve. DBA insurance companies often delay, deny, or minimize valid claims. My mission is to fight back for my clients fast, effectively, and personally.

Medical Benefits – Full Coverage for Treatment

Under the Defense Base Act, injured contractors are entitled to all reasonable and necessary medical treatment related to their work injury. This includes, but not limited to:

• Emergency medical care and hospitalization
• Surgeries, injection therapy (such as epidural steroid injections), physical therapy, and follow-up treatment
• Psychiatric and psychological treatment for psychiatric injuries, such as PTSD or depression
• Prescription medications
• Transportation costs to and from medical appointments

Importantly, under the Defense Base Act, you have the right to choose your own doctor. You do not have to see the physician chosen by the DBA insurance carrier.

Compensation for Lost Wages under the Defense Base Act

If you are unable to work because of your injury, you are entitled to weekly compensation benefits. These are generally calculated as two-thirds of your average weekly wage (AWW) at the time of injury, subject to a maximum rate set by the U.S. Department of Labor each year.

For example:

• If your average weekly wage was $1,500, your weekly DBA benefit would be about $1,000.
• Compensation continues until you return to work or reach Maximum Medical Improvement (MMI).

Even partial disabilities or reduced earning capacity may qualify for ongoing benefits under Section 8(c)(21) of the Longshore and Harbor Workers’ Compensation Act, which the DBA incorporates.

Death Benefits for Surviving Families under the Defense Base Act

If a contractor is killed while working overseas, the DBA provides death benefits to eligible surviving family members, including a spouse and dependent children. The DBA insurance carrier must also pay for reasonable funeral expenses, up to the statutory limit.

Permanent Disability Benefits under the Defense Base Act

If your injury results in a permanent total or partial disability, you may receive ongoing compensation for life or for the duration of your disability. Psychiatric injuries such as PTSD, anxiety, or depression can qualify as permanent disabilities when they prevent the injured worker from returning to overseas or similar employment.

DBA Attorney Fees Paid by the DBA Insurance Company

One of the most misunderstood aspects of the Defense Base Act is that, if your claim is successful and you receive a benefit, the DBA insurance carrier, not you, pays your attorney’s fees and costs. That means your representation comes at no out-of-pocket expense to you. For example, through DBA mediation or if the DBA insurance carrier, for example, pays you at the incorrect amount and your DBA lawyer successfully litigates this case after an informal conference at the DOL level, the insurance company pays your attorney’s fees and costs.

Protecting Your Rights Under the DBA

Dealing with DBA claim can be overwhelming, especially while battling with physical or psychological injuries. DBA insurance companies often use delay tactics, challenge medical opinions, or question whether your injury is “work-related.” That’s where experience matters.

I’ve been an injury attorney since 2001, first as an insurance defense attorney and then as a Claimant’s attorney since approximately 2010. I’ve represented injured contractors and their families worldwide, taking on DBA insurance companies to secure the medical and compensation benefits my clients deserve. My approach is straightforward: fast action, direct communication, and relentless advocacy.

If you or a loved one were injured while working under a U.S. government contract overseas, you have rights under the Defense Base Act. Don’t wait to get help.

Contact a Defense Base Act Lawyer for More Answers to the Question: What Are the Benefits Under the Defense Base Act?

I’m Tim Nies, an Army Ranger Veteran and Defense Base Act attorney with years of experience fighting for injured contractors. I represent contractors worldwide in DBA claims involving physical and psychological injuries worldwide.

📞 Call 772-283-8712 or contact me here for a free consultation.
I’m proud to stand with contractors who served our nation in dangerous environments, and I’ll fight for the benefits you’ve earned. I will have your six.

Tim Nies

Van Riper and Nies Attorneys, 900 SE Ocean Blvd, Ste. 140-E, Stuart, FL 34994

Disclaimer:
This website is for general informational purposes only and does not constitute legal advice or the formation of an attorney–client relationship. Past results do not guarantee future outcomes.

Our firm also handles federal Defense Base Act and Longshore & Harbor Workers’ Compensation Act claims; however, representation in these cases is limited to federal administrative forums and does not constitute representation in other states outside Florida.

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