War Hazards Compensation Act Protects Overseas Civilian Employees Injured on Jobs in War Zones
The War Hazards Compensation Act (WHCA) is part of the collection of laws that protect overseas civilian employees of U.S. government contractors in the event of injury. The main law that gives these civilian workers the right to compensation after an injury is the Defense Base Act (DBA).
The U.S. government requires all government contractors that employ civilians overseas to carry workers’ compensation insurance or to elect self-insurance. This is the central meaning, as far as employees go, of the War Hazards Compensation Act and the Defense Base Act.
From employees’ perspectives, the main difference between the Defense Base Act and the War Hazards Compensation Act revolves around the cause of the injury in question. Depending on how the injury was sustained, the worker will either receive compensation under the War Hazards Compensation Act or the Defense Base Act. Benefits are the same for workers under both laws.
If an overseas employee is injured on the job and the cause of the injury was “non-hostile,” the employee is compensated under the Defense Base Act. If, however, the cause of the employee’s injury was “hostile,” then the worker will be compensated under the War Hazards Compensation Act. A classic example of the difference involves a sprained ankle:
- Worker A sprains her ankle while unloading a Humvee and placing her foot wrong. She will receive compensation under the Defense Base Act. Worker B sprains her ankle while leaping out of a Humvee to retreat on foot from mortar fire. She will receive compensation under the War Hazards Compensation Act.
Families of civilian overseas workers killed overseas in the course of their employment are entitled to death benefits under the War Hazards Compensation Act and the Defense Base Act.
Important procedural rules when filing a claim for compensation include:
- Notify your employer immediately if you are injured on the job. Ask your employer to authorize medical treatment by a physician of your choice. Use Form LS-201 (Notice of Employee’s Injury or Death) to provide written notice of the injury within 30 days of the event.
- You may receive compensation for time off work if you are disabled for more than three days. Compensation is payable 14 days after your employer knows about your injury.
- Benefits under the Defense Base Act and War Hazards Compensation Act are payable regardless of nationality.
Read more questions and answers about the Defense Base Act and War Hazards Compensation Act on the Department of Labor website.
Overseas injury claims are complicated. If you are considering filing a claim for compensation under the Defense Base Act or War Hazards Compensation Act, it is advisable to discuss your situation with a qualified federal workers’ comp attorney.
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 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.
