Defense Base Act Attorneys
Defense Base Act Not Always an Exclusive Remedy
The Defense Base Act specifically states that a civilian contractors’ DBA benefits are “exclusive and in place of all other liability” for their injuries. However, certain decisions from the “Benefits Review Board” have actually allowed “double recovery” (or “double dipping”) in certain Defense Base Act cases, under certain circumstances, for certain types of contractors.
In other words, while the general rule is that the injured employee cannot collect DBA benefits and pursue compensation under a negligence or other claim, there are limited circumstance where the worker can also bring a second lawsuit against their employer. In this article our Defense base Act attorneys explore some of the most significant exceptions to this exclusive remedy rule that can allow injured contractors to pursue additional compensation through other legal channels beyond their DBA claim.
Foreign Workers Can Sometimes “Double Dip” in Defense Base Act Cases
In the case of Newton-Sealey v. Armorgroup Services (Jersey) Limited a British citizen who qualified for a Defense Base Act claim in the United States was also suing for negligence and breach of contract in the British court system. The injured worker received a settlement in the British case, but also continued pursuing the DBA claim in the United States.
The Board of Review decided that the worker could collect both the DBA benefits and file the negligence claim in his home country. Their reasoning was that under British law, claimants do have a right to pursue both a local workers’ compensation claims and a tort remedy against an employer.
While this case dealt only with a British claimant, chances are high that its precedent will be followed and applied to DBA claimants who want to “double dip” and sue their employer in other countries.
If you are a foreign national employed by a Defense Base Act, and you believe you also have a separate case against your employer, you should consult with an attorney. Your home country’s laws will likely determine whether you can bring a separate, second lawsuit against your employer for the same injury covered by the DBA.
Can American Workers “Double Dip” in Defense Base Act Cases?
But while the Newton-Sealey case it is good news for foreign employees working as US government contractors, it does not help American workers who qualify for Defense Base Act benefits and want to also sue their employer. In that same case, the Review Board stated that: “The rights of foreign nationals … are not always the same as those of American citizens and residents” under the Defense Base Act.
The exclusive remedy provision under the DBA mirrors that of the Longshore and Harbor Workers’ Compensation Act (LHWCA), providing injured contractors with guaranteed benefits regardless of fault, while protecting employers from additional liability. These benefits include medical care, disability compensation, rehabilitation services, and death benefits. However, the trade-off is that workers generally cannot pursue additional claims against their employers, even if the employer’s negligence contributed to their injury.
However, while “double dipping” is NOT generally permitted by American citizens who are collecting DBA benefits and who also want to sue their employer, in other DBA cases courts have said that in certain very specific and limited situations remedies falling outside of the Defense Base Act Case may be available to plaintiffs. For instance, an individual plaintiff who is also a DBA contractor could pursue claims for assault, sexual assault, or breach of contract.
When You Can Bring a Lawsuit in Addition to a DBA Claim
The Defense Base Act (DBA) serves as the primary workers’ compensation system for civilian contractors working overseas on U.S. military bases or under U.S. government contracts. But while the DBA generally functions as an “exclusive remedy” – meaning injured contractors typically cannot sue their employers for additional compensation beyond their DBA benefits – there are important exceptions that civilian contractors should understand.
You CAN Sue Third Parties
First, if a third party (someone other than the employer or co-worker) caused the injury, the contractor can pursue a separate civil lawsuit against that party while simultaneously receiving DBA benefits. Common examples include vehicle accidents caused by local nationals, injuries from defective equipment manufactured by outside companies, or negligence by other contractors working for different employers at the same location.
DBA Acts of War Exception
A particularly complex exception arises in cases involving acts of war, terrorism, or political violence. Under certain circumstances, contractors injured in such incidents may be eligible to pursue claims under the War Hazards Compensation Act (WHCA) in addition to their DBA benefits. The WHCA provides compensation for injuries or death caused by war-risk hazards, and these benefits can supplement DBA compensation. Additionally, if a foreign government or organization is responsible for a terrorist act that caused the injury, contractors may have rights under various anti-terrorism statutes while still receiving their DBA benefits.
Employer Misconduct DBA Exception
It’s also worth noting that in cases of extreme employer misconduct – situations where an employer intentionally causes harm or shows a conscious disregard for employee safety – courts have occasionally allowed exceptions to the exclusive remedy provision of the DBA. However, these cases are rare and require substantial evidence of deliberate misconduct beyond mere negligence. Cases involving fraudulent concealment of dangers or intentional removal of safety equipment might fall into this category.
Experienced Defense Base Act Attorneys
The interplay between these various legal remedies and the DBA’s exclusive remedy provision can be extremely complex, requiring careful analysis by experienced Defense Base Act attorneys. In rare cases, what might appear to be a straightforward DBA claim could actually involve multiple potential sources of compensation, making it crucial for injured contractors to seek qualified legal counsel from rather than assuming the DBA is their only option for recovery.
At Cantrell Green, our Defense Base Act attorneys understand the nuances of both the exclusive remedy doctrine and its exceptions. We carefully evaluate each case to identify all potential sources of compensation while ensuring compliance with the complex legal requirements of each remedy. If you’ve been injured while working as a civilian contractor overseas, contact us for a comprehensive evaluation of your rights under both the DBA and any additional legal remedies that may be available to you.
Best Defense Base Act Attorneys
Our highly specialized Defense Base Act attorneys are committed to ensuring that every injured or disabled civilian employee obtains the benefits he or she has earned. We have successfully filed hundreds of Defense Base Act applications and appeals – obtaining millions of dollars in DBA benefits in over four decades of legal service.
Call today, or fill out the short form on this page to schedule a FREE CONSULTATION with one of our skilled and experienced Defense Base Act Attorneys.
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