Civilian work overseas can place you in environments where serious danger is part of daily life. Combat conditions or explosions can expose workers to psychological trauma, and serious accidents or the continuing threat of harm can have similar effects. If you are a contractor who developed post-traumatic stress disorder (PTSD) after covered overseas employment, a South Carolina Defense Base Act claim for PTSD may provide a path to benefits.
PTSD can affect your health even without a visible physical injury, and it can interfere with your ability to return to work or keep a job. Our attorneys, who are familiar with the federal system, could evaluate whether a Defense Base Act claim applies and help you understand the required evidence.
When Can the Defense Base Act Cover PTSD?
The Defense Base Act, 42 U.S.C. § 1651 et seq., is a federal workers’ compensation law that generally covers civilian employees working overseas under certain U.S. government contracts or on U.S. military bases. Eligible overseas workers receive benefits under the rules of the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq.
The system is no-fault, so a covered worker does not generally need to prove that an employer negligently caused the psychological injury. A PTSD claim in South Carolina under the Defense Base Act is also different from a personal injury lawsuit, and claims and disputes proceed through the U.S. Department of Labor’s Office of Workers’ Compensation Programs.
A psychological condition can qualify as an injury when it arises out of covered employment, so PTSD may be compensable even without a physical wound. Whether coverage applies depends on the circumstances of your overseas assignment and the connection between that work and your condition.
Proving a Work-Related PTSD Diagnosis
PTSD claims can present difficult factual and medical questions. One South Carolina claimant pursuing a Defense Base Act PTSD claim may have faced combat conditions or an explosion abroad, while another may have survived a serious workplace accident. Repeated exposure to the threat of danger can also contribute to psychological harm. The effects of PTSD may include:
- Intrusive memories
- Sleep problems
- Hypervigilance
- Difficulty working
These symptoms can affect concentration and your ability to function safely in a demanding work environment. However, experiencing symptoms after an overseas assignment does not by itself establish a compensable claim.
A PTSD claim under the Defense Base Act often depends on an evaluation by a qualified mental health professional. Medical documentation may address the diagnosis and its link to your employment, and records of the events or conditions that contributed to the trauma matter when the insurer disputes that connection.
Treatment and Disability Benefits for Psychological Trauma
When Defense Base Act benefits cover PTSD, they may include appropriate psychological treatment. Disability compensation may also be available when the condition limits or prevents your ability to work.
A South Carolina Defense Base Act benefits claim may involve more than establishing that PTSD treatment is necessary. The parties may disagree about whether your condition is work-related or whether it prevents you from performing your previous job, and medical evidence can be central to resolving those issues.
Our attorneys at Schechter, Shaffer & Harris could review your overseas employment history and the medical evidence supporting your condition. We could also help you understand how a disputed psychological injury claim moves through the federal benefits process.
Call Our Attorneys To Discuss Your South Carolina Defense Base Act PTSD Claim
Living with PTSD after dangerous overseas work can affect your job and daily life. You should understand whether federal benefits may provide access to treatment or disability compensation.
If you are considering a South Carolina Defense Base Act claim for PTSD, our attorneys at Schechter, Shaffer & Harris could evaluate the circumstances of your overseas work and explain the claim process. Contact our team to discuss your legal options and the next steps that may be appropriate for you.
