Defense Base Act (dba) insurance is required for department of defense (dod) contractors operating overseas.
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Defense Base Act (DBA) Insurance

Defense Base Act Insurance Coverage Overview

In 1941, the United States passed into law the Defense Base Act, which, largly based on the Longshore and Harbor Workers' Compensation Act, creates a uniformity of benefits and remedies available to those working outside the Continental United States due to a Government Contract (from the United States OR a foreign country).

Who Requires DBA Coverage?

1. Any employee working on a military base or reservation outside the U.S.
2. Any employee engaged in U.S. government funded public works business outside the U.S.
3. Any employee engaged in a public works or military contract with a foreign government which has been deemed necessary to U.S. National Security.
4. Those employees that provide services funded by the U.S. government outside the realm of regular military issue or channels.
5. Any employees of any sub-contractors of the prime or letting contractor involved in a contract like numbers 1-4 above.

Who is Responsible?

The prime or letting contractor is responsible for claims under the Defense Base Act for any employees in the situations listed above. While sub-contractors of the prime contractor also require Defense Base Act Insurance, if they do not secure the required coverage, the prime contractor is responsible for the payment of benefits.

Should the contractor not have Defense Base Act Insurance in place, claimants are allowed to sue in Federal Court. Also, because of a clause in the Longshore & Harbor Workers Act (in Section 5(a)), the defendent is stripped of most common law defenses (in this case negligence by employee(s), or that the employee assumed the risk of his employment). This leaves the defendent with essentially an automatic plaintiff's verdict, and responsible for damages.

How can I learn more?

We have created as an in-depth resource for those interested in DBA Insurance. To visit our dedicated site, simply Click Here to learn more about DBA Insurance.