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- What is the Defense Base Act (DBA)?
- Who is covered under the DBA?
- What does "public work" mean?
- Is work performed pursuant to a grant covered under the
DBA?
- Who administers the DBA?
- Where should new Defense Base Act claims be
filed?
- What types of benefits are available under the
DBA?
- Are there any payment provisions specific to aliens and
non-U.S. residents?
- What should I do if I get injured at work?
- How do I obtain medical treatment for my
injuries?
- How do I obtain compensation for my
disability?
- How do I give notice of my injury to my
employer?
- How do I file a claim for compensation based on my
injury?
- How do I obtain death benefits?
- What should an employer do upon notice of an
employee's injury?
- What services do the OWCP district offices
provide?
- What if the parties to the claim are unable to resolve
their dispute(s) informally?
- How do I contact the OWCP district office?
- What are the insurance requirements under the
DBA?
- Who is authorized to write DBA coverage?
- Must an employer acquire DBA coverage for foreign
nationals?
- What if an employer fails to secure payment of
compensation as required by the DBA?
- Does the Department of Labor regulate DBA insurance
premium rates?
- What is a waiver?
- How does one obtain a waiver?
- Can an employer voluntarily provide DBA benefits even
if a waiver is in place?
- What is the employer posting requirement under the
DBA?
- Why is the Form LS-241 or LS-242 not available for
download from the internet?
- Where can I obtain Longshore forms?
1. What is the Defense Base Act
(DBA)?
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.
2. Who is covered under the DBA? The Defense Base
Act covers the following employment activities:
- 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;
- 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, e.g. the
United Service Organizations (USO).
If any one of the above criteria is met, all employees engaged in such
employment, regardless of nationality (including U.S. citizens and residents,
host country nationals (local hires), and third country nationals (individuals
hired from another country to work in the host country)), are covered under the
Act.
3. What does "public work" mean?
"Public work" is defined in the Act as any fixed improvement or any
project, whether or not fixed, involving construction, alteration, removal or
repair for the public use of the United States or its allies. However, "public
work" is not limited to construction. It includes any project or operation
under service contracts and projects in connection with the national defense or
with war activities.
4. Is work performed pursuant to a grant covered
under the DBA?
Although this issue has been addressed by a court of law in only one
instance, the Department of Labor has adopted a position consistent with the
decision of the U.S. Court of Appeals for the Second Circuit in University of
Rochester v. Hartman (Vishniac), 618 F.2d 170 (2nd Cir. 1980), that work
performed pursuant to a grant is not covered under the DBA.
5. Who administers the DBA?
The U. S. Department of Labor, Office of Workers' Compensation Programs
(OWCP), Division of Longshore and Harbor Workers' Compensation (DLHWC),
administers the DBA through eleven district offices located throughout the
United States.
6. Where should new Defense Base Act claims be
filed?
Defense Base Act claims should be filed in the Longshore District Office
responsible for the geographic area where the injury or death occurred. View
geographic boundaries of the
District Offices.
For example, a claim arising out of injuries sustained in Iraq
and Afghanistan should be filed with the New York Longshore District
Office, Post Office Box 249, 201 Varick Street, Room 740, New York, NY 10014,
telephone (646)264-3010, fax (646) 264-3002. A claim for an injury or death
which occurred in Europe, Africa, or Central and South
America should also be filed in New York.
Claims based on Vietnam era Agent Orange exposure should be filed
in the Honolulu District Office, U.S. Department of Labor, ESA/OWCP/DLHWC, 300
Ala Moana Blvd., Room 5-135, Post Office Box 50209, Honolulu, HI 96850,
telephone (808) 541-1983, fax (808) 541-1758.
7. What types of benefits are available under the
DBA?
The Defense Base Act provides disability and medical benefits to covered
employees injured in the course of employment and death benefits to eligible
survivors of employees killed in the course of employment. Compensation for
total disability is two-thirds of the employee's average weekly earnings, up to
a current maximum rate per week. Compensation
is also payable for partial loss of earnings.
Death benefits are paid at the rate of one-half of the employee's
average weekly earnings to a surviving spouse or one child, or two-thirds of
average weekly earnings for two or more eligible survivors up to the
current maximum rate of per week. The Defense
Base Act also incorporates the LHWCA's provision for payment of reasonable
funeral expenses not exceeding $3,000.00.
Permanent total disability and death benefits may be payable for life,
and are subject to annual cost of living adjustments. The LHWCA minimum
benefits rate, however, does not apply to DBA claims.
The injured employee is also entitled to medical treatment by a
physician of his/her choice, as the injury may require.
8. Are there any payment provisions that are
specific to aliens and non-U.S. residents?
Yes. There are two such provisions:
- Cases involving aliens and non-U.S. residents can be resolved by
commuting benefits paid for permanent disability and death. In such cases, a
one-time lump sum payment may be issued by the employer/carrier representing
half of the present value of future compensation as determined by the OWCP
district director. Medical benefits may not be commuted.
- Death benefits may be paid only to the surviving spouse or child or
children, or if no surviving spouse or child or children, to dependent parents.
9. What should I do if I get injured at work?
You should notify your employer immediately. If you need medical
treatment, ask your employer to authorize treatment by a doctor of your choice.
10. How do I obtain medical treatment for my
injuries?
If you need medical treatment for your work injury, ask your employer
to authorize treatment by a doctor of your choice. If it is an emergency or if
you are unable to contact your employer, go to the nearest hospital or
physician, but be sure to let your employer know as soon as possible.
11. How do I obtain compensation for my disability?
If you are disabled more than 3 days, contact your employer or the
insurance company for payment of compensation, which is payable 14 days after
your employer has knowledge of injury.
12. How do I give notice of my injury to my
employer?
Give written notice of your injury to your employer on
Form LS-201 (Notice of Employee's Injury or Death)
within 30 days. Additional time is provided for certain hearing loss and
occupational disease claims.
13. How do I file a claim for compensation based on
my injury?
File a written claim for compensation with the OWCP district office
having jurisdiction of your claim on Form LS-203
(Employee's Claim for Compensation) within one year after the date of
injury or last payment of compensation, whichever is later. The time for filing
claims in certain occupational disease cases has been extended to two years.
14. How do I obtain death
benefits?
Give written notice of the employee's death to the employer on
Form LS-201 (Notice of Employee's Injury or Death)
within 30 days. File a written claim for compensation on Form LS-262 (Claim for Death Benefits) with the OWCP
district office having jurisdiction of your claim within one year after the
date of the employee's death.
15. What should an employer do upon notice of an
employee's injury?
The employer should notify its insurance carrier or, if it is self
insured, its claims administrator, as soon as it has knowledge of an injury.
Medical treatment, if needed, should be authorized immediately. An
Employer's First Report of Injury, Form LS-202, must
be filed with the OWCP district office having jurisdiction within 10 days of
the injury if it causes loss of one or more work shifts. The
Form LS-202 may be filed electronically. View
information and instructions here. Additional forms
and notices, as well as medical reports, should be filed with the OWCP as
regulations require.
16. What services do the OWCP district offices
provide?
The OWCP district office monitors the payment of compensation and
medical care to ensure compliance with the provisions of the Act. The district
office staff also provides technical assistance to employers, insurance
carriers, and claimants for the prompt delivery of benefits. In case of claim
disputes, district office claims examiners conduct informal conferences to help
the parties resolve their disputes by way of mutual agreement or compromise
without formal litigation. The district director has authority to approve
settlements and issue compensation awards in undisputed claims.
17. What if the parties to the claim are unable to
resolve their dispute(s) informally?
If the parties are unable to resolve their dispute(s) informally, they
may request referral of the claim to the Office of Administrative Law Judges
(OALJ) for formal hearing. Decisions rendered by the administrative law judge
may be appealed to the Benefits Review Board and thereafter, depending on where
the claim is administered, to the U.S. District Court or to the U.S. Court of
Appeals.
18. How do I contact the OWCP district office?
The DBA jurisdictional boundaries and the corresponding district office
contact information can be view at the
Longshore Defense Base Act
Jurisdiction page. The contact information for other Longshore district
offices can be viewed at the DLHWC National and District
Office Personnel page.
19. What are the insurance requirements under the
DBA?
The insurance requirements under the DBA are identical to those found in
the LHWCA. The Longshore Act requires every employer (including contractors and
subcontractors) either to secure insurance for the payment of workers'
compensation benefits provided under the Act or to be permissibly self-insured.
If a subcontractor fails to secure the payment of compensation, the contractor
will be liable and will be required to secure the payment of such benefits.
20. Who is authorized to write DBA coverage?
The OWCP is responsible for the authorization of insurance carriers and
self-insurance of employers. Over one hundred insurance carriers have been
authorized to write Defense Base Act coverage. View a
list of the currently authorized
insurance carriers.
Currently three major insurance carriers provide most of the Defense
Base Act insurance coverage. They are ACE USA Companies, American International
Group (AIG) Companies, and CNA.
21. Must an employer acquire DBA coverage for
foreign nationals?
Yes. Benefits under the DBA are payable regardless of nationality.
Therefore, employers should secure insurance coverage for all of their
employees working outside the United States under a U.S. government contract,
including U.S. citizens and residents, host country nationals (local hires),
and third country nationals (hired from another country to perform work in the
host country).
22. What if an employer fails to secure payment of
compensation as required by the DBA?
If an employer fails to secure payment of compensation, an injured
employee, or his/her survivors in case of death, may elect to sue the employer
for tort damages on account of such injury or death. In such action the
defendant may not plead as a defense that the injury was caused by the
negligence of a fellow servant, or that the employee assumed the risk of his
employment, or that the injury was due to the contributory negligence of the
employee.
In addition, an employer who fails to secure the payment of compensation
when required shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine of not more than $10,000 or by imprisonment for not
more than one year, or both. If the employer is a corporation, the president,
secretary, and treasurer shall also be severally liable for such fine and
imprisonment. These three corporate officers shall also be personally liable,
jointly and severally with the corporation, for any compensation or other
benefit payable under the Act with respect to the injury or death of any of its
employees.
23. Does the Department of Labor regulate DBA
insurance premium rates?
The Department of Labor has no authority to regulate insurance premium
rates. All authorized carriers are regulated by the states in which they
operate.
24. What is a waiver?
The Secretary of Labor may waive application of the Defense Base Act
with respect to any contract, work location, or class of employees upon the
written request of the head of any department or other agency of the United
States. It is Department of Labor policy that waivers do not apply to citizens
or legal residents of the U.S. or to employees hired in the U.S. In addition,
once granted, the waiver is only valid if alternative workers' compensation
benefits are provided to the waived employees pursuant to applicable local law.
If there are no local workers' compensation laws, the waiver has no effect and
local and foreign nationals working under a U.S. contract are covered under the
DBA.
25. How does one obtain a waiver?
The request for waiver must be made in writing on Form BEC 565, Request
for Waiver - Defense Base Act, by the head of a department or agency of the
United States government. The Form BEC 565 and other pertinent information
should be submitted to the Director, OWCP, U.S. Department of Labor, ESA/OWCP,
Division of Longshore and Harbor Workers' Compensation, 200 Constitution Avenue
NW, Rm C-4315, Washington, DC 20210.
Copies of the Form BEC 565 may be obtained in writing from the Director,
Division of Longshore and Harbor Workers' Compensation, at the same address, by
e-mail, or by calling the Longshore
National Office at (202) 693-0038.
26. Can an employer voluntarily provide DBA
benefits even if a waiver is in place?
Yes. There is no prohibition against providing DBA coverage for waived
employees.
27. What is the employer's posting requirement
under the DBA?
The DBA incorporates the LHWCA's provision that every employer who has
secured compensation under the Act must keep posted in a conspicuous place in
and about its place of business typewritten or printed notice on Forms LS-241
(Notice to Employees) or LS-242 (Notice to Employees for Self-Insured
Employers). Such notice must also contain the name and address of the employer
representative to whom notice of injury is given, and the carrier, if any, with
whom the employer has secured payment of compensation and the date of the
expiration of the policy.
28. Why is the Form LS-241 or Form LS 242 not
available for download from the internet?
The Forms LS-241, Notice to Employees and LS-242, Notice to Employees
(for Self-Insured Employers), are controlled forms and are not available to the
general public. The employer receives the LS-241 from its insurance carrier
upon confirmation of insurance coverage or renewal. The self-insured employer
receives the Form LS-242 from the OWCP upon confirmation of its self-insurance
authorization. For further information, contact the OWCP Longshore National
Office at (202)693-0038 or DLHWC-Public@dol.gov.
29. Where can I obtain Longshore
forms?
Some Longshore forms can be accessed
electronically. Forms are also available at any Longshore district office. To
request a form, or for additional information and assistance on how to complete
the forms, you may also contact the district office
having jurisdiction over your claim.
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