Benefits Available under the Defense Base Act

Have you or a loved one been injured while working at a U.S. military installation as a civilian employee? Have you been injured on a military construction project or in any other capacity while employed in an armed forces-related job? You may have a right to compensation under the Defense Base Act (the DBA). The DBA became law in 1941, as an extension of the benefits already available to injured longshoremen and harbor workers. The statute provides a means for civilian employees in defense-related jobs to obtain benefits for work – related injuries.

Qualifying for Benefits under the Defense Base Act

The first requirement to qualify for benefits under the DBA is that you immediately report you injury to your employer (typically to your immediate supervisor). If you cannot work because of your injury, and want to seek workers’ compensation benefits, you must file a Form LS 203 with the Office of Worker’s Compensation Programs (OWCP) within one year of the date of your injury or the last date you were paid any compensation, whichever is later.

The Benefits Paid under the Defense Base Act

Before you are eligible for any benefits under the DBA, you must wait three days. If, after the waiting period, your injury still keeps you from working, and you meet the requirements stated above, you will be entitled to workers’ compensation benefits. To determine the rate at which you will be compensated, your employer must first determine your average weekly wage (AWW). Often, this calculation is simple, done by dividing your total wages for the last year by 52.

If you did not work the entire year, though, or if you worked at different jobs during the year, there are some alternatives for establishing your AWW. Your employer may use the pay rate for someone in the same job with the same amount of experience. Your employer could also take your daily wage and multiply it by the number of days you work per week. Your actual rate of compensation is determined by taking two-thirds of your AWW.

Typically, you will receive benefit payments every other week. Benefits are paid until you either return to work or are capable of going back to your job. Even if you can’t return to your previous work, you can lose your benefits if your employer offers you suitable work.

Contact Uliase & Uliase

For an appointment with an experienced New Jersey federal worker injury lawyer, contact our office online or call us at (856) 310-9002. We are available to meet with you weekdays between 9 a.m. and 5 p.m. to schedule an appointment with our experienced federal employee injury lawyers. We are open weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.