Defense Base Act Articles
For Civilians Injured Overseas

DBA Benefits for Injuries Incurred While Off Duty

The Defense Base Act is different from other workers’ compensation programs, in that under the DBA, an injury is covered even if it was not sustained while working. This includes injuries incurred while engaging in sports, leisure or even athletic activities.

In traditional  workers comp cases a worker can only collect benefits if the injury or illness was caused while working or as the result of working conditions. This could include an accident in the workplace (e.g. a fall from a ladder), injuries resulting from overuse or repetitive stress, and in some cases illnesses and diseases that are the gradual result of work conditions (e.g. lung disease).

However, under the Defense Base Act, military contractors whose injuries were sustained while off duty – including during leisure and recreational activities, as well as those incurred off base – are also entitled to DBA compensation.

Why the DBA Covers Off Duty & Recreational Injury Abroad

The policy behind this is that civilian workers overseas have voluntarily put themselves into a “Zone of Special Danger” to support the military and serve our country.

The widespread use of military contractors and private citizens in war zones is extremely important to American military power, and has grown exponentially worldwide. However, these contractors are not entitled to actual military members’ benefits. And, because their employment is performed overseas, many of these injured contractors are prevented from filing for workers’ compensation benefits in their home state.

To reward, protect and support these brave civilian contractors, the Defense Base Act provides compensation for injuries resulting from reasonable and foreseeable recreational activities in isolated or dangerous locales known as “zone of special danger”.

Examples of DBA Benefits for Off Duty & Recreational Injury Abroad

Here are some examples of the types of injuries that may be covered under the Defense Base Act:

Defense Base Act Exercising & Training Injury

Injuries to Defense Base Act workers while they are exercising and/or training  always qualify for compensation under the DBA.

Defense Base Act Boating Accident 

In another tragic case, a Defense Base Act employed drown in a weekend boating accident. Although he was 30 miles from his job site, his family was entitled to DBA death benefits.

Defense Base Act Injuries Hit by Truck 

Another Defense Base Act employee had gone out to dinner at a local restaurant, and was was hit by a truck while hitchhiking back to his camp. His injuries were also found to qualify for Defense Base Act compensation.

Defense Base Act Traffic Accident 

In a similar DBA case, a dinner at a local restaurant worker was taking a leisure car ride after-hours, and was tragically killed in a jeep accident. Although his DBA death benefits were initially denied b y the insurance company, the court determined that the death arose out of the “zone of special danger” and his family was entitled to death benefits.

Importantly, the court found that it did not matter that the jeep may have been speeding, or even that the employer had not authorized the use of the Jeep. This decision highlights the fact that the employer or insurance company CANNOT claim deny a DBA claim because the worker was negligent or contributed to their own injury.

Defense Base Act Bar Fight Injury

As a final example of the breadth of Defense Base Act coverage, consider a worker who got into a fight at a bar, during a pool game while off-duty. Again, the insurance company refused to pay DBA benefits for the workers injuries.

However, with the help of a skilled attorney, the court determined that the worker’s injury was considered normal “horse-play” and was indeed compensable under the Defense Base Act.

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.

If you were injured while working on a military base overseas – whether you were on or off duty at the time – 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.

Free Consultation with a Defense Base Act Attorney: 800-964-8047