Private contractors in India who are working on U.S. government contracts may be covered under the Defense Base Act (DBA).

The DBA applies to any contract entered into by the U.S. government for the purpose of furnishing supplies or performing services outside of the United States, including contracts for construction, reconstruction, operations, or maintenance of any overseas military base or installation. The DBA also applies to certain grants awarded by the U.S. government to nongovernmental organizations for work to be performed outside the United States.

Private contractors in India who are working on U.S. government contracts should check with their employer to see if they are covered under the DBA. If they are, they may be entitled to receive the local prevailing wage for their work and workers’ compensation benefits if they are injured on the job.

What Benefits Do Indian Contractors Receive Under the DBA?

Indian contractors who are covered under the DBA are entitled to receive the local prevailing wage for their work. The U.S. Department of Labor determines the prevailing wage and is based on surveys of wages paid to workers in similar occupations in the area where the work is being performed.

In addition, Indian contractors who are covered under the DBA are entitled to workers’ compensation benefits if they are injured on the job. Workers’ compensation benefits can include payment of medical expenses, lost wages, and death benefits.

How Do Indian Contractors File a Claim Under the DBA?

Indian contractors who believe they are entitled to benefits under the DBA should contact their employer to file a claim. If the employer does not respond or denies the claim, the contractor can file a claim with the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP).

The OWCP will review the claim and determine whether the contractor is covered under the DBA and entitled to benefits. If the OWCP finds that the contractor is covered and is entitled to benefits, it will issue a decision ordering the employer to pay the benefits.

If the employer does not comply with the OWCP’s decision, the contractor can file a lawsuit in federal court to enforce the decision.

Working with a DBA Attorney

Due to the complex and ever-changing nature of the law, it is always best to work with an experienced attorney when filing a claim under the DBA. An attorney can help you navigate the legal process and ensure that your rights are protected.

Javier Ruiz, Esq. has represented injured contractors from KBR, FLUOR , DynCorp, Vectrus and Labor Support Services who worked in Iraq and Afghanistan. Javier Ruiz, Esq. has represented contractors from India, Kosovo, Macedonia, the USA, Bosnia, and the Philippines. Mr. Ruiz has represented many Indian contractors who have been injured while working on U.S. government contracts and has recovered millions of dollars in compensation for his clients.

To learn more about how Mr. Ruiz can help you, call 1-954-408-7408 or send an email to javier@dbainjury.com.