Defense Base Act Articles
DBA Injury During Off Duty & Recreational Activities Abroad
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 athletric activities.
In traditional workers comp cases a worker can only collect benefits if the injury or oillness 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, injuries sustained by DBA workers during leisure and recreational activities are also entitled to 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 zonesis 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 employerhad not authorized the use of the Jeep.This decision highigths 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 insuranc e comapany refused to pay DBA benefits for the workers in juries.
However, with the help of a skilled attorney, the court determined that the worker’s injury was considered normal “horse-play” and was 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.
Call today, or fill out the short form on the right to schedule a FREE CONSULTATION with one of our skilled and experienced Defense Base Act Attorneys.
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Our highly specialized Defense Base Act attorneys have successfully filed hundreds of Defense Base Act applications and appeals – obtaining millions of dollars in DBA benefits in our four decades of legal service.
In our Defense Base Act Blog, our attorneys keep you updated on the latest news and information pertaining to issues affecting civilian contractor employees working overseas and abroad.
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