Defense Base Act & The War Hazards Compensation Act
If you are or were a civilian working on a US Government base overseas you probably already know that The Defense Base Act is a system of federal workers’ compensation that applies to injured contractors working abroad. However you may be wondering how, and when, The War Hazards Compensation Act affects your DBA coverage.
The Defense Base Act provides benefits for any type of injury – from simple slips-and-falls to injuries caused by the actions of terrorists. The DBA also covers illnesses, such as the contraction of viruses such as Malaria.
However, The War Hazards Compensation Act is a completely separate set of laws. The WHCA statute allows an insurance carrier to request reimbursement for any or all of the Defense Base Act benefits paid to the injured worker that resulted from a “war-risk hazard.”
How the War Hazards Compensation Act Affect Your Defense Base Act Claim
Clearly The War Hazards Compensation Act is important and beneficial for the insurance company who is responsible for paying your DBA benefits…but when and how does WHCA reimbursement to the insurer affect you?
The War Hazards Compensation Act doesn’t pay benefits to the injured worker directly. But, in the experience of our skilled Defense Base Act attorneys, if your DBA insurer knows that they will eventually be reimbursed under the WHCA they will typically be less likely to deny your DBA claim.
Remember, your Defense Base Act benefits are paid first, regardless of the cause of the injury. But, if your injury was caused by the “war-risk hazard,” then the WHCA reimburses the employer’s insurance company.
What is Reimbursable Under the WHCA?
Under the WHCA, the government will reimburse all benefits paid to the injured worker. This means that the government will repay the insurance carrier for all weekly compensation and medical benefits paid to the injured worker, regardless of whether the benefits were paid out over time or in a settlement. (42 U.S.C. § 1704).
For a List of War Hazard Risks and Injuries CLICK HERE
Why Is It Important To Have a Defense Base Act Attorney?
As we have shown, DBA insurance companies handle Defense Base Act cases differently when War Hazards Compensation Act reimbursement may be involved. When there is potential The War Hazards Compensation Act repayment, it can increase the insurance company’s valuation of your injury and/or improve its willingness to settle your claim.
Hiring an experienced Defense Base Act Attorney who can knowledgably address and “prove” the War Hazards Compensation Act experience may be the best decision you can make.
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.
Free Consultation with a Defense Base Act Attorney: 800-964-8047