An Overview of the Defense Base Act
In 1941, the United States Congress passed the Defense Base Act, an extension of the workers’ compensation benefits available under the Longshore and Harbor Workers’ Compensation Act. The Defense Base Act provides a mechanism for compensation for individuals working in defense industry or armed services related jobs who are injured at work.
Coverage under the Defense Base Act
A broad range of workers fall under the auspices of the Defense Base Act, including:
- Any employee of a private companies on U.S. military bases, or on any land used for military purposes outside of the United States, which includes territories or possessions of the United States
- People who work on contracts approved and funded under the Foreign Assistance Act
- Individuals who work for companies that provide welfare or other services to the United Service Organization (USO), as well as American Red Cross or Salvation Army employees
- Employees of companies with public works contracts with any U.S. government agency
- Employees of American contractors involved in public works in U.S. territories, U.S. military bases, and in support of military aid programs with American allies.
- Employees of subcontractors of any of the entities listed above
The Benefits Paid under the Defense Base Act
If you fall within one of the categories listed above, and you have been injured on the job, your employer must pay you compensation under the Defense Base Act. If, after an initial three day waiting period, your injury is still sufficient to keep you from working, your employer must provide benefits.
To determine the amount of compensation, your employer must calculate your average weekly wage (AWW). This is done by taking your total wages for the previous year and dividing by 52 (provided you worked all 52 weeks). If you did not work the entire year, there are a number of methods that can be used to establish your AWW. You may use a similar employee’s income, or you may take your daily wages and multiply by the number of days worked per week. Your actual rate of compensation is calculated by multiplying your AWW by a factor of two-thirds. There is a maximum rate payable under the statute, which changes periodically. Once your compensation rate has been set, though, there will be no adjustments for inflation or cost of living.
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.
