If you are injured while working overseas for the U.S. government, obtaining benefits is complicated. At Schechter Shaffer & Harris, LLP, our experienced legal team assists with workers’ compensation for overseas U.S. contractors under the Defense Base Act. Our professional Defense Base Act attorneys are committed to building the strongest possible claim and guiding you through every step of the legal process with skill and dedication.
Can Contractors Working Overseas Qualify for Workers’ Compensation Benefits?
U.S. contractors working overseas are entitled to workers’ compensation benefits under a federal law called the Defense Base Act (DBA). The DBA extends the protections of the Longshore and Harbor Workers’ Compensation Act to civilian employees working outside the United States on U.S. military bases or under contracts with the U.S. government for public works or national defense. This includes workers employed by private contractors or subcontractors performing services for the U.S. Armed Forces or government agencies abroad.
Under the DBA, eligible workers (and their families) may receive benefits for:
- Medical treatment for work-related injuries or illnesses
- Disability compensation for lost wages
- Death benefits for surviving dependents if a worker is killed on the job
These benefits apply regardless of nationality and are typically administered through insurance policies that government contractors are required to carry.
How Does Workers’ Comp for Overseas Contractors Work?
A Defense Base Act claim works much like a traditional workers’ compensation claim. When a contractor is injured or becomes ill due to their job, they must notify their employer immediately and seek medical attention. The employer then reports the injury to the U.S. Department of Labor and its DBA insurance carrier.
The injured worker can file a claim using Form LS-203 to request benefits. DBA insurance covers medical expenses, lost wages, disability payments, and death benefits for dependents. Compensation rates are generally based on a percentage of the worker’s average weekly earnings. Because DBA claims involve complex federal regulations and overseas employment, many injured contractors benefit from working with a lawyer.
Challenges in Overseas Workers’ Compensation Cases
It is difficult enough to successfully file a workers’ compensation case domestically. It can be even more challenging to file your case when the facts and injury giving rise to your claim occurred overseas.
The first thing that you need to prove in any type of workers’ compensation claim is that you suffered a job-related injury. This can be tough when you need witnesses to testify in your case. In addition, you likely received your medical treatment overseas, presenting challenges in both obtaining medical records and getting doctors to testify in your favor at a hearing.
The structural challenges are in addition to any difficulties that you face in any type of workers’ injury case. The insurance company can always minimize your injuries and claim that you are able to work. They could aggressively deny your claim, forcing you to fight back.
Contact an Attorney if You Are an Overseas U.S. Contractor Who Needs Workers’ Compensation
Given the challenges described above in qualifying for benefits when you have been injured as a contractor working overseas, it is crucial that you get help from a Defense Base Act lawyer at the outset of the claims process. The insurance company can and will make your life more difficult if you try to approach them on your own in a claim. Our team aims to ensure injured workers get the benefits they deserve.
Schedule a free initial consultation with Schechter Shaffer & Harris, LLP to help put you in a position to file your claim or lodge an appeal when a claim has been denied.
