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U.S. Department of Labor
Employment Standards Administration
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Printer-Friendly Version
Department of
Labor OWCP Defense Base Act Workshop
Defense Base Act
Insurance and Claims
Administration
- Contracting Officer Responsibility.
- Employer Responsibility
- Insurance Carrier Responsibility
- Employee Responsibility
Contracting Officer Responsibility
- Ensure contractor compliance with the requirements of the Federal
Acquisition Regulation for Defense Base Act Insurance
- Federal Acquisition Regulation (FAR) at 48 CFR 28.309
requires Defense Base Act insurance in contracts for public works and contracts
approved and financed under the Foreign Assistance Act of 1961, if work is
performed outside the United States.
- Federal Acquisition Regulation (FAR) at 48 CFR 52.228-3
& 4 requires that solicitations and contracts include the requirement for
Defense Base Act insurance where applicable.
Employer Responsibility
- Secure Defense Base Act insurance before employees are
deployed overseas. 33 USC § 932.
- Post Notice to Employee, Form LS-241. 33 USC § 934.
- Inform employees about DBA benefits and how to report a
work-related injury.
- File Employer's Report of Injury within 10 days of
receiving notice of employee injury or death. 33 USC § 930(a).
- Notify the insurance carrier of employee injury or death.
- Authorize medical care when requested or upon knowledge of
injury. 33 USC § 907.
- Provide earnings, employment, medical, and other records to
the OWCP when requested.
- Assist the employee or survivors to file claim for
benefits.
Insurance Carrier Responsibility
- File Insurance Card Form LS-570 with the District Director
having jurisdiction of claims - New York or Honolulu.
- Educate the insured employer of its rights and
responsibilities under the LHWCA and the DBA.
- The insurance carrier stands in the shoes of the employer.
- Upon receiving notice of injury or death, investigate the
compensability of the claim, and determine if compensation and medical care are
payable.
- Ensure necessary medical care has been authorized and
medical providers have been given billing and reporting instructions.
- First payment of compensation is due 14 days of the first
day of disability.
- No compensation is due if time loss is less than 3 days. If
carrier determines that benefits should be delayed or denied, a Notice of
Controversion must be filed with the OWCP within 14 days of the compensation
due date.
- File the required forms and records with the OWCP to
apprise the District Director of the claimant's compensation status.
- File medical reports with the OWCP to apprise the District
Director of the employee's medical progress and disability status.
Employee Responsibility
- Report injury to employer as soon as possible.
- Request authorization for medical care when needed.
Employee has a free choice of treating physician.
- Cooperate with employer/carrier in the investigation of the
claim.
- Provide documents and medical reports to the OWCP upon
request.
- Attend medical examination arranged by employer/carrier or
by the District Director, when requested.
- Complete Employee's Report of Earnings, Form LS-200, when
requested (no more than twice a year).
- File a written Claim for Compensation within one year of
the date of injury or one year of last payment of compensation, whichever is
later.
