What Florida residents are covered by the Defense Base Law?
Florida residents working abroad at U.S. locations abroad are generally covered by the Defense Base Act. The Defense Base Act, or DBA, is an extension of legislation known as the Longshore and Harbor Workers’ Compensation Act, or LHWCA, and provides compensation in the form of disability, medical, or death benefits to eligible employees or the survivors of eligible employees. The purpose of the DBA is to ensure that employees who are considered defense contractors receive benefits in the event they suffer injury or wrongful death during their period of employment abroad. Therefore, any Florida resident who is an overseas worker as a defense contractor would be covered by the Defense Basis Act. In many cases, receiving compensation for injuries sustained abroad can be a long and frustrating process, and this is where the advantage of having competent Defense Base Law attorneys can come in handy.
The DBA was established by Congress in 1941 to provide compensation to those who are injured on the job. In essence, it is a form of Worker’s Compensation that specifically benefits overseas defense workers at US locations, such as a US military base in Germany. Because military personnel have their own benefits and medical coverage, the DBA specifically refers to civilian workers in defense contracts. Therefore, civilians who are employed by Americans and participate in public works projects for the US government, any US territory, or military base located outside the continental US will be covered. The DBA not only covers civilians on military operations or defense contracts, but can also cover any worker working overseas in services like welfare projects, the Salvation Army, and the American Red Cross.
There are many types of employment that would be covered by the DBA for Florida workers. These include a variety of consulting positions, a private contractor for overseas military, construction or carpentry workers, as well as a number of overseas trade workers in trades such as technical fields or engineering fields. Additionally, translators are often covered by the DBA when working abroad.
Any type of illness or injury that occurs during a contractor’s period of employment would be covered by the DBA. Often these workers are employed in war zones and are subject to the same types of injuries or illnesses as military personnel. These injuries or illnesses can include everything from wrongful death to traumatic brain injuries, superficial war wounds, and sometimes even amputations or paralysis. Psychological injuries that occur after a worker is exposed to traumatic experiences or life-threatening hazards, such as post-traumatic stress disorder, are also covered by the DBA.
Receiving compensation under the DBA can be a tedious process and defense base law attorneys based in Miami or Florida can greatly assist Florida residents in this process. Once a workplace injury occurs, the person will be treated at a local or military hospital and returned home. In that case, they must seek their own medical care, and workers will be entitled to a doctor of their choice, but the DBA will only cover an individual cost with no choice for workers. Like a standard workers’ compensation claim, however, there are many complex elements to a DBA claim, and it is recommended that a worker seek representation from defense attorneys who understand these intricacies and can ensure that the worker’s rights and that they receive the compensation and medical treatment for which they are eligible.
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