Defense Base Act Articles
For Civilians Injured Overseas

“Green-on-Blue” Insider Attacks & the Defense Base Act

Insider attacks are referred to as “green-on-blue” incidents, and can be the result of friendly fire, in which an allied unit mistakenly opens fire on a U.S. unit. Or, the green-on-blue attack can occur when an ally is intentionally attacked by a hostile allied force. Sadly, such incidents are not uncommon occurrences in Afghanistan and other parts of the Middle East.

In most situations, these tragic events can lead to compensation under the Defense Base Act.

There are tens of thousands of employees of civilian contractors working overseas who are entitled to workers’ compensation under the Defense Base Act (DBA) and War Hazards Compensation Act (WHCA). The U.S. has deployed military personnel in over 150 countries (75% of the world’s nations) and they are all supported by civilian contractors and their employees.

Defense Base Act Benefits for Insider Attack

Employees injured in a “green-on-blue” attack are covered by Section 8 of the Longshore Act. Section 8 sets forth the requirement for employers and insurance carriers to pay benefits equal to 66.667% of the injured employee’s average weekly wage. Reasonable and necessary medical benefits are also available, and fall under Section 7 of the Longshore Act.

Of course, the degree of disability depends on what type of injury was sustained, and how that injury affects the employee’s ability to work. A claim for psychological trauma may also be an issue, and may prevent the employee from ever returning to work in a combat zone.

War Hazards Compensation Act May Apply to Insider Attack

In many cases, the event that causes injury to a contractor’s employee constitutes a “war-risk hazard.” The War Hazards Compensation Act, which was passed in 1942, was designed to supplement the Defense Base Act under the theory that losses from war risk injuries and deaths should be borne by the general public rather than by the government contractors or their insurance companies.

Once a private contractor or its insurer has paid benefits to an employee under the DBA due to a “war-risk hazard,” the employer or insurance carrier who paid the benefits is entitled to reimbursement. Green-on-blue attacks generally qualify as war-risk hazards since the injury was caused by a hostile force or person. Our attorneys are among only a few who are specialized in such claims.

The interplay between the WHCA, DBA and worker’s compensation is clearly very complex. If you or your loved one was injured overseas, the last thing you need to worry about is how to pay for medical costs, lost wages, etc. Our attorneys are available to help you receive the maximum benefits to which you are entitled.

Defense Base Act Attorneys Can Help

Even if your injury is related to a pre-existing condition, you may file a claim for benefits if that injury was aggravated by your current working conditions or job duties. Even if your employer or their DBA insurance carrier denies your Defense Base Act claim, you may still be entitled to benefits, and our experienced attorneys can help you through the process of receiving them.

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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