Defense Base Act
The Defense Base Act extends the LHWCA to employees of private employers working on overseas contracts related to national defense. Most of the private workers in Iraq and Afghanistan – including foreign nationals – are covered by the Defense Base Act. The DBA applies to any worker employed by a contractor on a defense contract who is in the “zone of special danger.” This zone is an extremely inclusive and has been held to cover a worker in a bar fight on Johnston Atoll, a worker injured in a late-night rendezvous with her boss, and an off-duty worker who drowned while attempting to save a fellow swimmer.

There is no minimum compensation rate under the DBA like there is under the LHWCA. But, very often DBA-covered American employees receive wages that entitle them to the maximum compensation rate, currently $1,200.62. The firm has been successful in innovative and aggressive arguments regarding average weekly wage in DBA cases. The Director, OWCP, has been aggressive in arguing that regardless of the length of an overseas worker's tenure, he or she should be entitled to a benefit rate based on their overseas wages only. We disagree with this blanket approach, and have been successful at trial and on appeal limiting DBA workers' average weekly wage.

Although the boundaries of DBA coverage are expansive and the benefits generous, there are limits on recovery. Fitzhugh, Elliott & Ammerman, P.C. specialize in handling DBA claims and has been successful in trial and appeal in limiting workers to not one penny more than their entitlement, if any.

THE ABOVE IS NOT INTENDED AS LEGAL ADVICE. PLEASE CONSULT A LAWYER FOR ADVICE ON YOUR INDIVIDUAL SITUATION.