Columbia Defense Base Act Lawyer

Injured While Working Overseas? You May Be Entitled to Compensation Under the Defense Base Act

If you were injured while working as a civilian employee on a U.S. military base or under a government contract overseas, you may be entitled to benefits under the Defense Base Act (DBA). The DBA is a federal workers’ compensation law that provides medical treatment, disability compensation, and other benefits to non-military employees who are hurt while supporting American military operations abroad.

Unlike traditional state workers’ compensation, the Defense Base Act covers government contractors working in Afghanistan, Kuwait, Iraq, South Korea, Dubai, and anywhere else the U.S. military maintains a presence. No matter what your defense support role — whether you work as a transportation specialist, security guard, translator, construction worker, truck or convoy driver, ship worker, base support worker, or service worker — you deserve to be compensated when a work-related injury or illness disrupts your life.

At the Goings Law Firm, LLC, our Columbia Workers Compensation lawyers understand how important it is for injured overseas workers to receive the compensation they need. Founded by Robert F. Goings — a trial attorney with over 20 years of experience and recognition as a Super Lawyers Top 10 Attorney in South Carolina — our firm has a proven track record of fighting for maximum compensation in complex injury cases. An injury can leave you with mounting medical bills and keep you from returning to work for an extended period. Our legal team is ready to put our firm’s considerable experience and resources to work for you, guiding you through every stage of the DBA claims process so you can focus on recovery.

What Is the Defense Base Act?

The Defense Base Act was enacted in 1941 as an extension of the Longshore and Harbor Workers’ Compensation Act (LHWCA). It was created to provide workers’ compensation protection for civilian employees working outside the United States on U.S. military bases or under contracts with the U.S. government for public works and national defense.

The DBA covers employees of private enterprises engaged in national-defense or war-related “public work” on behalf of the United States or its allies. If you were injured in the course and scope of your employment as a federal contractor overseas, you are more than likely eligible for benefits and compensation under the Defense Base Act.

Who Is Covered Under the Defense Base Act?

The DBA provides coverage to four main categories of workers:

• Employees working on U.S. military bases abroad: Civilian workers employed by private companies on overseas military installations
• Government contractors: Workers employed under contracts with the U.S. government for public works or national defense projects
• Foreign Assistance Act employees: Workers on contracts approved and funded under the Foreign Assistance Act outside the U.S.
• American employers providing welfare or services to the Armed Forces: Employees of organizations like the Red Cross, USO, and similar entities supporting military operations overseas

Coverage extends to employees of private defense contractors and their subcontractors working under covered U.S. government contracts, regardless of their nationality. Importantly, U.S. citizenship is not required to qualify for DBA benefits — local nationals and third-country nationals working under covered contracts are also eligible.

Types of Injuries Covered by the Defense Base Act

The Defense Base Act covers a wide range of physical and psychological injuries that arise from overseas employment, including:

• Motor vehicle and convoy accidents
• Falls on stairs, barriers, or other structures
• Injuries during military operations, drone strikes, or ambush situations
• Repetitive strain and overuse injuries
• Burn pit exposure and toxic substance inhalation
• Hearing loss and noise-related damage
• Back, spine, hip, and extremity injuries
• Post-traumatic stress disorder (PTSD) and other psychological conditions
• Injuries sustained during off-duty activities in a designated Zone of Special Danger

It is especially important to understand that the DBA distinguishes between scheduled injuries (injuries to specific body parts like hands, feet, or eyes, with predetermined benefit schedules) and unscheduled injuries (injuries affecting your overall earning capacity, such as back injuries or PTSD). An experienced Defense Base Act attorney will evaluate which category applies to your injury and how it affects the compensation you are owed.

Under DBA case law, the ‘zone of special danger’ doctrine can extend coverage to certain off‑duty injuries where the conditions of employment place the worker in a foreign setting with heightened danger, and the injury arises from that environment. If you are injured while at the gym, in your living quarters, or during other off-duty activities in a war zone, you may still be entitled to DBA benefits.

Benefits Available Under the Defense Base Act

Under the Defense Base Act, non-military employees and defense contractors injured overseas may be eligible for the following benefits:

Medical Treatment

The DBA entitles you to medical treatment for your work-related injuries. You have the right to choose your own physician — you are not required to use a doctor selected by your employer or their insurance company. There is no statutory dollar cap on reasonable and necessary medical treatment for a covered injury under the DBA, though treatment must be related to the work injury and medically necessary.

Disability Compensation

If your injury prevents you from working, you may be entitled to disability compensation equal to two-thirds of your average weekly earnings, up to the current federal maximum. Disability benefits are available for temporary total disability, temporary partial disability, permanent total disability, and permanent partial disability, depending on the nature and severity of your condition.

Vocational Rehabilitation

If your injuries prevent you from returning to your previous job, the DBA provides vocational rehabilitation services to help you develop new skills and transition to a different career.

Death Benefits

If a covered worker dies as a result of a work-related injury or illness, their surviving dependents may be entitled to death benefits. A surviving spouse with one dependent child may receive one-half of the worker’s average weekly earnings. A surviving spouse with two or more dependents may receive two-thirds. These benefits are subject to annual cost-of-living adjustments and may be payable for life in qualifying cases.

Unfortunately, because some employers and their insurance companies can be reluctant to provide compensation to injured civilian contractors, it may be necessary to take legal action to secure these benefits.

Our workers’ compensation attorneys have a track record of results for injured workers, including an $825,000 settlement for a brain injury, a $525,000 recovery in a denied workers’ compensation case involving a foot crush injury, and a $474,000 settlement after winning a verdict on a previously denied claim. We fight for every dollar our clients are owed.

How to File a Defense Base Act Claim

Filing a DBA claim involves several critical steps, and mistakes early in the process can be difficult to overcome:

• Report your injury immediately. Notify your supervisor in writing within 30 days of the injury. Failing to provide timely written notice can jeopardize your claim.
• Seek medical treatment. Get medical attention right away and remember that you have the right to choose your own doctor.
• File your claim with the Department of Labor. Your claim is filed with the U.S. Department of Labor, Office of Workers’ Compensation Programs (OWCP), under the Longshore and Harbor Workers’ Compensation Division.
• Gather documentation. Collect medical records, incident reports, employment contracts, and any other evidence that supports your claim.
• Negotiate or litigate. Most DBA claims are resolved through settlement negotiations with the employer’s insurance company. If a fair settlement cannot be reached, your case may proceed to a hearing before an Administrative Law Judge.

Many employers fail to fully advise injured workers of their rights under the DBA. The best time to retain a Defense Base Act lawyer is immediately after you are injured, so you can avoid costly mistakes and ensure your rights are protected from the start.

Why You Need a Defense Base Act Attorney

Individuals who work under government contracts or on military bases might be surprised to learn that, for many overseas roles falling within the Defense Base Act’s statutory categories, workers’ compensation coverage is provided under this federal Act rather than under state workers’ compensation laws. The Defense Base Act is an extension of the Longshore and Harbor Workers’ Compensation Act that provides disability and medical benefits to eligible employees of U.S. government contractors who perform covered work overseas.

A Defense Base Act attorney will review the specifics of your injury and determine pertinent details, such as whether you suffered a scheduled or unscheduled injury and how your condition is covered under the DBA. From there, your attorney will guide you through every stage of the reporting and filing process, advising you on what benefits you are owed so you receive every dollar you deserve for medical expenses and other damages.

An experienced DBA attorney also knows what documentation you need to file your claim correctly and strengthen your case. If your claim is disputed or denied, your attorney can act quickly to challenge the decision and fight to get it reversed. Insurance companies regularly use tactics like wrongfully reducing compensation, denying your choice of physician, or offering lowball settlements — and an experienced lawyer knows how to counter every one of these strategies.

For contractors dealing with post-traumatic stress disorder, a knowledgeable legal representative can help ensure you receive proper medical care and compensation for your condition. PTSD symptoms are not always as evident as physical injuries, and many victims do not realize they should include psychological conditions in their claim. A Defense Base Act attorney will make sure nothing is left on the table.

At the Goings Law Firm, LLC, our workers’ compensation team is led by Christian E. Boesl, an attorney with over two decades of experience in workers’ compensation law, including 14 years representing insurance companies and employers before switching sides to fight for injured workers. Chris holds an AV Preeminent rating from Martindale-Hubbell, has been named to The Best Lawyers in America for Workers’ Compensation Law every year since 2016, and has been recognized as a South Carolina Super Lawyer since 2017. He is also a certified workers’ compensation mediator. His unique perspective — having defended the same tactics that insurers now use against you — gives our clients an important strategic advantage.

Why Choose Goings Law Firm, LLC for Your DBA Claim

When individuals put their lives on the line working on government projects, military bases, and in war zones, the least they should expect is to be taken care of in the event of an accident. Based in Columbia, South Carolina — a region with deep ties to the military community and proximity to Fort Jackson — our team understands the unique challenges that defense contractors and military support workers face.

Goings Law Firm, LLC has been recognized as the Best Workers’ Compensation Firm and Best Personal Injury Firm by The State’s Best awards in 2024, and our attorneys have secured tens of millions of dollars in verdicts and settlements for injured clients, including a $13.5 million jury verdict — the largest non-fatality auto accident verdict in Richland County history — and a $5 million wrongful-death medical-malpractice verdict. While not every case is a multi-million dollar result, these outcomes demonstrate the level of preparation, skill, and tenacity we bring to every single claim, including Defense Base Act cases.

Our firm maintains an A+ rating from the Better Business Bureau and a 10.0 Avvo rating for lead attorney Robert F. Goings, who is a Fellow of the International Society of Barristers and a member of the American Board of Trial Advocates. He was named Trial Lawyer of the Year by ABOTA’s South Carolina Chapter and has been featured on the South Carolina Lawyers Weekly Personal Injury Law Power List.

We know your Defense Base Act claim is the most important thing in your life, and your family’s livelihood depends on it. To us, you are not just another client. We will treat you as if you are our only client, and we promise to handle your case with the care and intensity it demands until you receive every dollar you deserve.

Our team of experienced attorneys will:

• Thoroughly investigate your injury and employment circumstances
• Handle all communication with the insurance company on your behalf
• File your DBA claim correctly and on time
• Fight claim denials and insurance company tactics
• Pursue maximum compensation for your medical bills, lost wages, and other damages
• Represent you before an Administrative Law Judge if necessary

Contact a Columbia Defense Base Act Lawyer Today

If you have been injured as a civilian contractor working on an overseas U.S. military base, you likely deserve to be compensated for your work-related injuries, regardless of your non-military status. At the Goings Law Firm, LLC, our Defense Base Act lawyers understand that you may be worried about your financial future while trying to recover — but help is available.

If you are concerned about not receiving the compensation you need, call (803) 350-9230 or fill out an online contact form today to speak with an experienced Columbia Defense Base Act lawyer who can guide you through the process of seeking medical treatment and full compensation.