Defense Base Act (DBA) Benefits

For specific workers’ compensation and employers liability risks insured, refer to U.S. Code Annotated “Section 1651 et seq.” USDOL_OALJ_LHWCA_Benchbook_Longshore_Act_(2002).pdf

The Defense Base Act provides disability and medical benefits to covered employees injured in the course of employment and death benefits to eligible survivors of employees killed in the course of employment. Compensation for total disability is two-thirds of the employee's average weekly earnings, up to a current maximum of $1,114.44  per week. Compensation is also payable for partial loss of earnings.

Death benefits are paid at the rate of one-half of the employee's average weekly earnings to a surviving spouse or one child, or two-thirds of average weekly earnings for two or more eligible survivors up to the current maximum weekly rate. The Defense Base Act also incorporates the LHWCA's (Longshore and Harbor Workers' Compensation Act) provision for payment of reasonable funeral expenses not exceeding $3,000.00.

Permanent total disability and death benefits may be payable for life, and are subject to annual cost of living adjustments. The LHWCA minimum benefits rate, however, does not apply to DBA claims.

The injured employee is also entitled to medical treatment by a physician of his/her choice, as the injury may require.

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