Our Defense Base Act Attorneys Fight For Your Rights

We are often asked what is the Defense Base Act and how can it help me if I have been injured in Iraq, Afghanistan, Poland or Africa? In its simplest terms, the Defense Base Act provides insurance coverage to any civilian personnel working on an overseas military base.

The DBA is controlled by Federal Law and it has been in effect for over 80 years (since 1941!).  The DBA provides offers compensation that covers almost any injury suffered while working on a military base for a US employer like Vectrus, KBR, Labor Support Services, Fluor and Service Employees International. Javier Ruiz, Esq.  focuses on providing service and representation to clients worldwide who have been injured in these types of claims.

If you or a family member were injured while working for a company that performs overseas work for the U.S. Department of Defense, you may be entitled to workers’ compensation benefits under the Defense Base Act (DBA).

An experienced DBA attorney like Javier Ruiz, Esq. can guide you as to whether you are entitled to compensation and medical benefits, and help you through the process of filing a claim with the US Department of Labor. Javier Ruiz, Esq. is available to assist you 24/7 regarding your potential DBA claim. Contact us for a free consultation.

The Defense Base Act is not limited to American citizens! In fact, any person, from any country, can file a claim under the Defense Base Act. Javier Ruiz, Esq. has represented injured workers from India, Kosovo, Bosnia, the Philippines, Kenya, Macedonia, Croatia and the United States. The vast majority of these injuries occurred in Iraq, Afghanistan, Poland, and Africa.

Typically, under Section 912, you must tell your supervisor as soon as possible in writing, within 30 days after the injury happens. Once you have notified your supervisor in writing, your employer usually offers you medical treatment. However, since you must also file a claim form with the Department of Labor / Office of Workers’ Compensation Programs and there are strict time limits for you to dispute any actions of your employer, you should contact an attorney immediately for help with your claim. 

With respect to psychological injury injuries, many times our clients do not know they have been mentally injured until many years after returning home from Iraq or Afghanistan. In these types of cases, which Javier Ruiz, Esq. handles, you generally have one year to file a claim when you knew you had a psychological injury related to your employment in a warzone; for many of our clients, this does not occur until you have been diagnosed by a psychologist or psychiatrist; if you have already been diagnosed by a psychologist or psychiatrist, do not delay contacting an experienced DBA attorney!

I am available 24/7 to help answer any questions you may have. Contact us for a free consultation.

Almost any injury that is not personal in nature is covered by the Defense Base Act. This includes, but is not limited to psychological and mental injuries, physical injuries like a back, shoulder, or neck injury, and exposure to burn pits.

Psychological injuries usually result from employment in Iraq or Afghanistan from rocket attacks, mortar attacks, suicide bombers, and missile attacks.

In order to make a valid claim, an employee must present medical evidence of the injury that was caused by the employment. Whether an insurance company accepts your claim depends on many factors, but generally speaking, the insurance company (and a judge) will look at the following:

• How strong your medical records are in showing that your employer caused your injury;
• Whether your injury occurred as a result of your job responsibilities or whether this condition was pre-existing;
• How immediately you sought treatment;
• How often do you seek treatment;
• The credentials of your treating doctors; and
• Whether your claim was timely filed.

There are many other factors that go into a claim, and this is not an exhaustive list of factors that are considered by a judge and by an insurance company.

The insurance company will usually have you examined by a physician of their choice, so it is important that you have an experienced Defense Base Act Attorney representing you BEFORE this happens!

Almost any injury that is not personal in nature is covered by the Defense Base Act. This includes, but is not limited to psychological and mental injuries, physical injuries like a back, shoulder, or neck injury, and exposure to burn pits.

Psychological injuries usually result from employment in Iraq or Afghanistan from rocket attacks, mortar attacks, suicide bombers, and missile attacks.

In order to make a valid claim, an employee must present medical evidence of the injury that was caused by the employment. Whether an insurance company accepts your claim depends on many factors, but generally speaking, the insurance company (and a judge) will look at the following:

• How strong your medical records are in showing that your employer caused your injury;
• Whether your injury occurred as a result of your job responsibilities or whether this condition was pre-existing;
• How immediately you sought treatment;
• How often do you seek treatment;
• The credentials of your treating doctors; and
• Whether your claim was timely filed.

There are many other factors that go into a claim, and this is not an exhaustive list of factors that are considered by a judge and by an insurance company.

The insurance company will usually have you examined by a physician of their choice, so it is important that you have an experienced Defense Base Act Attorney representing you BEFORE this happens!

Some of the companies that hire civilian employees to perform operations for the U.S. Department of Defense are:

• Service Employees International
• Labor Support Services
• Kellogg, Brown & Root (KBR)
• Vectrus
• Dyncorp
• Fluor
• AECOM
• Global Linguist Solutions
• DRS Technologies
• SCI
• Halliburton

The Defense Base Act (DBA) generally provides the following benefits:

• Medical treatment for your injuries whether psychological or physical;
• Disability compensation payments every 2 weeks for being unable to work due to your injuries; in certain cases, these benefits can be paid FOR THE REST OF YOUR LIFE.
• Reimbursement for mileage for attending medical visits;
• Prescription medications;
• Physical therapy;
• Death benefits (which can be substantial) if a family member has died: When an employee dies on the job or even as a result of his job duties, death benefits are payable to the employee’s dependents. There is also a stipend for funeral expenses.

The amount of your paychecks is controlled generally by the amount of earnings you had in the 52-weeks (1 year) before your injury. For example, if the last time you worked for Labor Support Services was in June of 2021, then your earnings are calculated in the 52 weeks before June 2021 and dividing that figure by 52. This figure is known as the AVERAGE WEEKLY WAGE.  

Once the average weekly wage is calculated, you are entitled to 2/3 of this amount, up to a maximum which changes every October.

Section 910 of the Act allows the judge to use other calculations if you didn’t work substantially in the year prior to your injury.

There are 4 different types of disability compensation under the DBA:

• Temporary partial disability (TPD)
• Temporary total disability (TTD)
• Permanent total disability (PTD)
• Permanent partial disability (PPD)

You may be entitled to each of these types of disability compensation depending on your medical treatment status. A Defense Base Act case may have 1 or 3 of these types of disability payments during the life of the case!

Contact me easily by calling me at 954-408-7408 or contacting us online. All consultations are free and confidential. 

Yes! The vast majority of Defense Base Act cases are settled out of court. The insurance company will typically offer you a lump-sum amount of money to close your DBA claim. The value of a DBA case is very specific to every case and no two cases typically settle for the same amount because so many different factors go into the value of a DBA case.

Although any employee can file their own claim by filing form LS-203 with the US Department of Labor/ Office of Workers Compensation Programs, an experienced DBA attorney like Javier Ruiz, Esq. can guide you in opening your claim and we will in fact file everything for you to get your case going if you decide to retain me. Javier Ruiz, Esq. is available to assist you 24/7 regarding your DBA claim. Contact me for a free consultation.