Defense Base Act Articles
For Civilians Injured Overseas

Defense Base Act Compensation for Detention

In the face of recent global events, including the harrowing hostage situations in Gaza and the ongoing conflict in Ukraine, many government contractors employed abroad are understandably worried about the possibility of their capture and detention. In light of these potential dangers, understanding the protections offered by the Defense Base Act (DBA) for civilian contractors working overseas has become more crucial than ever.

If you are or were a civilian working on a US Government base overseas you no doubt already understand that The Defense Base Act is a system of federal workers’ comp that applies provides benefits to injured contractors working abroad. However, the War Hazards Compensation Act is a related but separate set of laws that allows a DBA 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.” (We explain war-risk hazard here in more detail.)

In this article, the experienced Defense Base Act attorneys at Cantrell Green explain how the interplay of these two laws mandates that the DBA provides essential benefits for those who may face detention or capture while working in volatile regions, offering a safety net in the most challenging circumstances.

Defense Base Act Detention Benefits

The Defense Base Act provides benefits for any type of injury from simple slips-and-falls to illnesses such as Malaria. However, many contractors do not realize that the DBA also provides compensation for detention by a “hostile force or person.”

The concept of “detention” under the DBA encompasses a wide range of scenarios, from brief holds by local authorities to long-term captivity during wartime or periods of civil unrest. This broad definition recognizes the complex and often unpredictable nature of working in conflict zones or areas of political instability.

“Detention Benefits” are payable to a covered employee who goes missing because of a belligerent action of a “hostile force or person” and/or when the worker has been taken by a “hostile force or person” as a prisoner, hostage, or captive.

While being detained by the hostile force or person, the employee is entitled to be “credited” with the same compensation benefits they would be entitled to for total disability. These detention benefits are calculated at a rate of 100 percent of the workers’ average weekly wage at the time detention begins.

And, during the detention, seventy percent of such benefits can be disbursed to the employees U.S. resident dependents.

War Hazard Coverage of DBA Detention Benefits

The missing employee’s detention benefits are paid by his/her employer and/or the employer’s DBA insurance carrier. However, the War Hazards Compensation Act provides that reimbursement for detention benefits (and resulting administrative costs) be paid to the insurer and/or insurance company from the Employees’ Compensation Fund.

Additionally, the WHCA [Section 104(a) (3)] also authorizes the Secretary to pay detention benefits directly to the employee (or their US resident dependents) once the reimbursement claim is accepted.

This is important, because an employer and/or their Defense Base Act insurer will typically be much less likely to deny or contest DBA detention benefits, if they know they are NOT coming out of their own pocket!

DBA Benefits for Capture, Detention or Hostage Situation

When a covered employee is detained, the DBA ensures the continuation of critical benefits. The employee’s average weekly wage may continue to be paid to their dependents throughout the duration of the detention, providing financial stability during an incredibly stressful time. Additionally, any medical treatment required as a result of injuries or illnesses sustained during detention is covered under the Act. In the tragic event that an employee dies while in detention, the DBA provides death benefits to eligible survivors, offering some measure of financial security in the wake of a devastating loss.

Cases involving detention during acts of war or terrorism come with special considerations. The DBA may provide extended coverage beyond its typical scope, acknowledging the extraordinary circumstances of wartime detention. Moreover, injuries or illnesses that manifest after release from detention may be presumed to be related to the detention experience, easing the burden of proof for claimants. This presumption recognizes the long-lasting physical and psychological impacts that can result from such traumatic experiences.

Why You Need a DBA Attorney

Navigating claims involving detention during acts of war can be exceptionally complex. The political status of the detaining entity, the nature of the employee’s work, and the specific circumstances of the detention all play crucial roles in determining benefits. These intricate cases demand the expertise of experienced DBA attorneys who can navigate the nuanced legal landscape and advocate effectively for their clients.

For contractors working in high-risk areas, preparation is paramount. Understanding your DBA coverage before deployment, keeping detailed records of your employment and location, and ensuring your family has access to important documents and contact information can make a significant difference in the event of a detention situation. These preparatory steps can facilitate a smoother claims process and provide peace of mind in uncertain circumstances.

If you or a loved one has experienced detention while working overseas under a U.S. government contract, seeking expert legal guidance is crucial. The attorneys at Cantrell Green specialize in Defense Base Act cases and possess the knowledge and experience necessary to secure the full benefits you’re entitled to under the law. Our team understands the complexities of these cases and the profound impact they have on individuals and families.

Best Defense Base Act Attorneys

In these uncertain times, comprehending your rights and protections under the Defense Base Act is more important than ever. The global landscape continues to present new challenges and risks for overseas contractors, making it essential to have knowledgeable advocates on your side. At Cantrell Green, we’re committed to guiding you through the intricacies of DBA claims, ensuring that you and your family receive the support and compensation you have earned through your years of hard work and sacrifice for our country.

Let Cantrell Green be your ally in navigating the complexities of Defense Base Act claims. Our skilled DBA attorneys stand ready to provide the experienced, compassionate representation you need to secure your rights and benefits, offering a beacon of support in these turbulent times.

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.

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