Defense Base Act Practice

The Defense Base Act (DBA) is an extension of the Longshore and Harbor Workers’ Compensation Act, two statutes that require all U.S. government contractors and subcontractors to secure workers’ compensation insurance for their employees working overseas.

Generally a niche area of federal workers’ compensation law, the DBA is a federal statute that covers injured, non-military defense contractors and their employees who are employed at U.S. defense bases overseas, regardless of their nationality. The DBA applies to injuries and deaths that arise out of and in the course of employment. In addition, under the “Zone of Special Danger” doctrine, injuries and deaths that occur outside of regularly assigned job duties or work hours may also be covered

The attorneys who comprise Lewis Brisbois’ DBA Practice have extensive and diverse experience with, as well as a deep understanding of, this area of law. Consistently achieving clients’ business objectives, they aggressively and successfully defend companies contracted to the U.S. government. Our attorneys regularly handle DBA claims before the U.S. Department of Labor, Office of Workers’ Compensation Programs, Office of Administrative Law Judges, and the Benefits Review Board. The array of services that Lewis Brisbois’ DBA Practice offers, which complement those that the firm’s international injury defense teams provide, include:

  • Initial case evaluations
  • Factual investigations
  • Client reporting
  • 8(f) Special Fund claims
  • Informal Conferences
  • Pre-trial discovery
  • Settlement negotiations
  • Mediation
  • 8(i) settlements
  • Trials
  • Appeals
  • Post-trial briefing

Our attorneys also have experience with the War Hazards Compensation Act. This law allows the U.S. government to reimburse insurance companies that provide compensation for DBA-covered injuries caused by war hazards.

Please contact our practice to learn more about the employment activities that are covered under the DBA and how we may assist.