The Defense Base Act extends the coverage of the Longshore Harbor Workers’ Compensation Act (LHWCA) to civilian employees under contract with the U.S. government performing work overseas. The law provides medical care and compensation for injuries, and death benefits to eligible survivors. Please contact the law firm of Montagna Klein Camden if you have any questions about your case.

You are covered by the Defense Base Act if you fit into one of the following four criteria:

1. 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;
2. 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;
3. 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;
4. 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)

Covered employees injured during the course of employment are entitled to receive compensation for temporary total disability at the rate of two-thirds their average weekly earnings, up to a current maximum rate per week. Compensation is also available for partial loss of earnings.

If your loved one dies as a result of an injury on the job, you are entitled to death benefits. 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 wage for two or more eligible survivors up to the current maximum rate per week. The Defense Base Act also entitles family members to receive money for funeral expenses up to $3,000.

Permanent total disability and death benefits may be payable for life, and are subject to annual cost of living adjustments. The injured employee is also entitled to medical treatment by a physician of his/her choice, as the injury may require.