The Defense Base Act – Coverage and Compensation

The Defense Base Act was established in 1941 to provide coverage for workers on military bases outside the United States. Since its inception, the Act has been amended to include public works contracts (including non-military) and an array of operations revolving around national security. The scope of the Defense Base Act has broadened to include virtually any contract with an agency of the federal government for work outside the U.S. In just five short pages, the Defense Base Act sets the foundation for coverage and compensation. Many of the rules covering the Defense Base Act are a product of the Longshore and Harbor Workers’ Compensation Act.

• Defense Base Act Compensation
• Defense Base Act Benefits
• Defense Base Act Coverage
• What to Do if You Are Injured

Defense Base Act Compensation

Employees eligible for Defense Base Act coverage include:

• Workers on a military base or reservation outside the United States
• Public workers funded by the federal government for work outside the country
• Public workers or those with a military contract from a foreign government engaged in work deemed necessary to U.S. National Security
• Employees that provide services funded by the federal government outside the realm of regular military issue
• Employees of any subcontractors of a contract involved in work detailed above

Employees not entitled to receive Defense Base Act compensation include:

• Workers who are subject to the Federal Employees’ Compensation Act
• Workers engaged in agricultural, domestic service or casual and not in the usual course of the trade, business, or profession of the employer
• Masters or members of a crew of any vessel
• U.S. citizens and residents employed overseas subject to the Non-Appropriated Fund Instrumentalities Act.

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Defense Base Act Benefits

The Defense Base Act provides medical, disability, and death benefits to covered employees injured or killed in the course of employment. Defense Base Act compensation is a product of the Longshore and Harbor Workers’ Compensation Act. The following rules of the LHWCA apply to the Defense Base Act:

• Compensation Rates
• Medical Benefits
• Appeals
• Forms and Filing Times
• Rules of Evidence and Submission

For more information on the Longshore and Harbor Workers’ Compensation Act, click here »

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Defense Base Act Coverage

The Defense Base Act specifically outlines coverage, which determines entitlement to compensation and benefits. The Act extends the benefits of the LHWCA to employees engaged in the following work that are injured or killed:

• Civilian employees and contractors employed at any military, air, or naval base
• Workers employed on lands outside the United States used for military purposes (This includes the United States Naval Operating Base, Guantanamo Bay, Cuba).
• Workers engaged in public works outside the United States if the employee is contracted by the United States (Subcontractors are also covered).
• Workers employed by American employers to provide welfare or similar services outside of the United States for the benefit of the Armed Forces

To read the full Defense Base Act, click here »

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What to Do if You Are Injured

If you suffer a work-related injury covered by the Defense Base Act, you should:

• Immediately notify your employer. Obtain a Form LS-1, which authorizes treatment by a doctor of your choice.
• Obtain medical treatment.
• Provide employer notice (using Form LS-201) of your injury within 30 days.
• File a written claim for compensation within one year.

For additional information about Defense Base Act coverage and compensation, contact Robert W. Nizich or your local OWCP administration office. Also find more information on the Longshore and Harbor Workers’ Compensation Act.