Defense Base Act (DBA)

Federal law requires all U.S. government contractors and subcontractors to secure workers' compensation insurance for their employees working overseas.

Employment Categories Specifying DBA Coverage

1. At any military, air or naval base.
 
2. Upon any lands occupied or used by U.S. for military purposes in any Territory or possession outside continental U.S.

3. Upon any public work in any Territory or possession outside continental U.S. if under contract with United States.

4. Under contract entered into with U.S. (or representative agency), if contract is to be performed outside U.S. and not within area described above in (1), (2), and (3), for purpose of performing public work, and such contract will require DBA insurance. Insurance will be secured prior to and be maintained during term of contract.

5. Under contract approved and financed by U.S. or any executive department or agency, if contract is to be performed outside U.S. under Mutual Security Act of 1954.

6. Outside continental U.S. by American employer providing welfare or similar services for benefit of Armed Forces pursuant to appropriate authorization by Secretary of Defense.
 
If any one of the above criteria is met, all employees engaged in such employment, regardless of nationality, are covered under the Act.


What are the consequences of not carrying DBA Coverage?

Failure to obtain DBA insurance carries stiff penalties. All government contracts contain a provision that requires bidding contractors to obtain necessary insurance. Failure to do so will result in fines and possible loss of contract. The additional and most severe penalty is that employers without DBA coverage are subject to suits under common law, wherein common law defenses are waived. In other words, the claimants or their heirs need only file suit and do not have to prove negligence. Lastly, all claims may be brought in Federal Court and are against the insured directly.

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Eligibility: United States based employers





Defense Base Act (DBA)

 

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