If you worked overseas as a private contractor and suffered an injury, you need legal representation that understands federal law. Many New York residents deploy to conflict zones like the Middle East, North Africa, or Asia to support U.S. military operations. These workers face serious risks every day, from hostile attacks to hazardous working conditions.
Finding the right New York defense base act lawyers requires looking beyond local personal injury attorneys. Your case falls under federal jurisdiction, not state law. The attorneys you choose should specialize in Defense Base Act claims and have experience fighting insurance companies that deny or undervalue legitimate claims. When looking for representation for a DBA claim, seek out firms that perform thorough investigations, have deep medical knowledge, and prepare every case as if it would go to trial.
Understanding How the Defense Base Act Protects New York Residents
The Defense Base Act is a federal workers’ compensation extension that provides medical and disability benefits to civilian employees working outside the United States on U.S. military bases or under national defense contracts. This law operates under the U.S. Department of Labor and the Office of Workers’ Compensation Programs (OWCP), making it fundamentally different from state workers’ compensation systems.
When searching for Defense Base Act counsel for New Yorkers, understand that your attorney must specialize in federal administrative law. Filing a standard New York state workers’ comp claim is often the wrong move for overseas injuries. State workers’ compensation has jurisdictional limits and lower benefit caps that simply do not apply to DBA claims.
| Feature | NY State Workers’ Comp | Defense Base Act |
|---|---|---|
| Jurisdiction | State | Federal |
| Benefit Caps | Lower maximums | Higher average benefits |
| Coverage Area | Within NY borders | Overseas incidents |
| Administering Body | NY Workers’ Comp Board | U.S. Department of Labor |
New York DBA law firms who handle these cases should have extensive experience with OWCP procedures. Look for attorneys with decades of longshore and maritime litigation experience who understand the unique challenges of federal claims.
Specialized Guidance on Third Party Claims
The best lawyers for Defense Base Act claims also recognize when you may have additional legal options. Injured workers sometimes have both a DBA claim and a third-party negligence lawsuit. For example, if defective equipment contributed to your injury, you might pursue additional compensation from the manufacturer. Experienced attorneys identify these opportunities to maximize your recovery.
Does The Defense Base Act Cover Your Injuries
Coverage typically applies to any employee working for a U.S. defense contractor, on U.S. military bases, or under public works contracts abroad, regardless of whether the injury occurred during specific work hours. Defense base act lawyers serving New York clients understand how to apply the “Zone of Special Danger” doctrine, which provides broad coverage for injuries even when you are off the clock.
When evaluating a DBA attorney, ask about their experience with the following eligible roles:
- Private military contractors providing security and logistics
- Humanitarian workers supporting USO and military welfare programs
- Construction workers on public works projects abroad
- Translators, interpreters, and support staff
New York defense base act attorneys who have handled hundreds of DBA claims understand that contractors come from diverse backgrounds. Look for firms that offer multilingual capabilities, serving clients who speak Spanish, Creole, Russian, Ukrainian, and other languages common among the diverse workforce hired through New York.
Common Injuries and the Compensation You Can Recover
Claimants can recover costs for all necessary medical treatment, disability compensation for lost wages, and rehabilitation services for injuries ranging from physical trauma to psychological conditions like PTSD. Understanding what compensation you deserve helps you evaluate whether your legal help for contractors is fighting for full value.
Physical injuries covered under the DBA include traumatic brain injuries (TBI), spinal cord injuries, burn injuries, and orthopedic injuries from accidents or attacks. Psychological injuries like post-traumatic stress disorder represent a major component of DBA claims, particularly for workers exposed to combat conditions.
| Injury Type | Potential DBA Benefits |
|---|---|
| Traumatic Brain Injury | Medical care, wage replacement, rehabilitation |
| PTSD | Therapy coverage, wage replacement, ongoing support |
| Spinal Cord Injury | Surgery, long-term care, disability compensation |
| Burn Injuries | Treatment, reconstructive procedures, wage loss |
New York defense base act law firms who achieve the highest DBA settlements have the medical knowledge to prove injury severity. When evaluating attorneys, ask whether they can go toe-to-toe with insurance company medical experts to demonstrate why you deserve full compensation rather than a quick settlement.
The DBA Claim Filing Process and Litigation
The process involves reporting the injury immediately, filing Form LS-203 with the OWCP, attending medical evaluations, and potentially engaging in mediation or a formal hearing if the insurance carrier disputes the claim. Understanding this process helps you recognize whether your claim process attorney is handling your case properly.
Filing a DBA claim in New York follows these essential steps:
- Immediately report your injury to your employer and document everything
- Choose your own doctor for medical treatment, not just the company physician
- File Form LS-203 with the Office of Workers’ Compensation Programs
- Gather supporting documentation including medical records and witness statements
- Prepare for mediation or a formal hearing if the insurance company disputes your claim
Insurance companies frequently use tactics to deny or minimize claims. When selecting New York defense base act lawyers, look for firms that never recommend settling when trial presents a better opportunity for recovery. Attorneys with AV Preeminent ratings and histories of taking Fortune 500 defense contractors to trial when necessary provide the strongest representation.
Why New York Residents Need Specialized DBA Representation
New York has deep connections to the defense industry that make the state a significant source of civilian contractors who deploy overseas. Understanding these connections helps explain why so many New Yorkers find themselves needing Defense Base Act representation after suffering injuries abroad.
Military Installations in New York
Fort Drum in Jefferson County serves as home to the 10th Mountain Division and represents one of the largest military installations in the northeastern United States. Approximately 3,700 civilian personnel, including contractors, work at Fort Drum supporting military operations. Many of these workers deploy overseas to support the 10th Mountain Division in locations throughout the Middle East, Africa, and other regions where U.S. forces operate. The installation covers more than 107,000 acres and provides full-spectrum training support to multiple service branches.
The U.S. Military Academy at West Point in the Hudson Valley also employs a substantial civilian workforce. Close to 5,000 civilian contractors support operations at West Point, working in roles ranging from facility maintenance to academic support and logistics. Contractors affiliated with West Point may find themselves deployed to support military training operations or related defense activities overseas.
Workers at both installations who deploy abroad under government contracts fall under Defense Base Act coverage. If you worked at Fort Drum or West Point before deploying overseas and suffered an injury, you likely have DBA protections regardless of where your injury occurred.
The Long Island Defense Manufacturing Hub
Long Island earned its reputation as the “Cradle of Aviation” through decades of aerospace and defense innovation. Today, the region remains a major center for defense manufacturing, with thousands of workers producing components and systems that support U.S. military operations worldwide.
Northrop Grumman maintains significant operations in Bethpage, focusing on advanced electronic attack systems and electronic warfare technology. Air Industries Group in Hauppauge manufactures precision components for military aircraft, including landing gear, flight controls, and jet engine parts. CPI Aerostructures in Suffolk County produces structural assemblies for fixed-wing aircraft and helicopters used by the Department of Defense. East/West Industries supplies critical components for military helicopters including the CH-47 Chinook and CH-53K.
Workers employed by these manufacturers often travel overseas for installation, maintenance, training, and technical support roles. When defense contractors send employees abroad to service military equipment or support operations at overseas bases, those workers typically qualify for DBA coverage.
Upstate New York Defense Employers
The defense industry extends well beyond Long Island. Moog Inc., headquartered in East Aurora near Buffalo, designs and manufactures motion control systems for military aircraft, missiles, and space vehicles. The company employs approximately 12,000 people globally and serves clients in 90 countries.
L3Harris operates multiple facilities throughout the Finger Lakes region, serving as a hub for navigation, communications, and electronics manufacturing. Lockheed Martin and Saab Group maintain operations in Central New York focused on military radar systems. The Griffiss Institute in Rome hosts an Air Force Research Laboratory and has become a growing center for defense technology development.
Employees of these companies who travel overseas to support military contracts, install equipment, provide technical assistance, or train foreign military personnel generally fall under Defense Base Act protections. New York defense base act litigators who understand these industry connections can better evaluate your claim and identify all potential sources of compensation.
Connecting Your Employment to DBA Coverage
If you worked for a New York-based defense contractor or at a New York military installation before deploying overseas, your employment history matters for your DBA claim. Experienced attorneys trace the connection between your domestic employer and the overseas contract that brought you into a hazardous environment.
This investigation includes reviewing your employment contract to confirm DBA insurance requirements, identifying the specific government contract under which you worked, documenting the chain of command between your employer and the U.S. government, and establishing that your injury occurred within the scope of covered employment.
New York defense base act lawyers familiar with the state’s defense industry understand how these employment relationships work and can navigate the documentation requirements more effectively than attorneys without this specialized knowledge.
What a Skilled DBA Attorney Should Do for Your Case
Having experienced legal representation fundamentally changes how most DBA cases unfold. An attorney who truly understands this specialized area of law and commits to fighting for your rights can make the difference between a denied claim and full benefits, or between accepting a quick lowball settlement and receiving the compensation you actually deserve.
When evaluating New York defense base act lawyers, look for firms that provide comprehensive support at every stage of the DBA claims process.
Investigating and Building Your Claim
A successful DBA case demands thorough investigation and comprehensive documentation. The right attorney starts by gathering all relevant information about your employment, the incident that caused your injury, and the medical treatment you have received.
Your legal team should obtain and review your employment contract to confirm DBA coverage, incident reports and witness statements documenting how your injury occurred, medical records from all providers who have treated you, and employment records showing your wages and work history.
Experienced DBA litigators work directly with your treating physicians to ensure they understand the documentation requirements specific to Defense Base Act litigation and provide detailed reports that clearly explain your injuries, the treatment you need, and any restrictions or limitations you face. When necessary, they consult with additional medical experts who can evaluate your condition and provide opinions that strengthen your claim.
For psychological injury cases, a knowledgeable attorney ensures you are working with qualified mental health professionals who understand PTSD and related conditions and can provide the detailed documentation needed to establish your claim.
Strong legal representation also means investigating the circumstances of your injury to counter any arguments the insurance company might raise about whether it was work-related or whether you were acting within the scope of your employment when it occurred.
Negotiating With Insurance Companies
Many DBA cases can be resolved through negotiation without the need for a formal hearing, but only when the insurance company understands that you have strong representation and are prepared to litigate if necessary.
The best New York defense base act lawyers present your claim to the insurance carrier with comprehensive documentation that establishes your right to benefits. This is not a matter of asking nicely. It requires building a case so strong that the insurance company recognizes that fighting it is not in their best interest.
An attorney’s reputation matters significantly in these negotiations. Insurance companies and defense attorneys know which firms have achieved the highest DBA settlements in the industry. They know which lawyers have extensive litigation experience and are not afraid to take cases to hearing. This knowledge gives experienced attorneys leverage in negotiations that less seasoned practitioners simply cannot match.
Skilled DBA lawyers evaluate settlement offers carefully, considering not just the immediate payout but the long-term impact on your financial security and medical care. They never recommend settling your case when trial presents a better opportunity for recovery. If an insurance company refuses to offer fair compensation, the right attorney is prepared to fight for you in court.
Representing You in Formal Hearings
When settlement negotiations fail to produce a fair result, formal litigation becomes necessary. This involves hearings before an administrative law judge where both sides present evidence and legal arguments.
Top DBA attorneys prepare thoroughly for hearings, developing a litigation strategy tailored to your specific case. This includes preparing witnesses, including you, to testify effectively. It means organizing medical evidence and expert testimony in the most compelling way possible. It requires anticipating the insurance company’s arguments and preparing counter-arguments. And it demands presenting a persuasive case to the judge that demonstrates why you deserve full compensation.
Formal hearings can feel intimidating, but with the right representation you do not go through them alone. The best New York defense base act lawyers guide you through every step of the process, explain what is happening and why, and fight tenaciously to protect your rights and secure the compensation you deserve.
What Makes Grossman Attorneys at Law the Best Defense Base Act Lawyers in New York?
- Deep Understanding of Defense Base Act Law – The firm focuses exclusively on longshore and maritime law, with Howard Grossman bringing more than 40 years of experience and having authored numerous books on DBA cases.
- Proven Track Record with High-Value Settlements – Grossman Attorneys has earned a reputation for achieving some of the highest DBA settlements in the industry through thorough case preparation and aggressive advocacy.
- Accessible Legal Support When You Need It Most – Clients speak directly with attorneys, receive same-day email responses, and work with a dedicated team of an attorney and paralegal.
- Multilingual Capabilities for Diverse Contractors – The firm operates in English, Spanish, Creole, French, Russian, and Ukrainian, allowing effective communication with New York’s diverse contractor community and handling of international documentation.
- Trial-Ready Litigators, Not Just Settlers – The firm’s attorneys are experienced litigators prepared to take cases to trial when doing so offers the best opportunity for full compensation.
Let The New York DBA Lawyers at Grossman Attorneys Help With Your Claim
If you’re a New York contractor who’s been injured while working overseas, understanding your rights under the Defense Base Act is the first step toward securing the benefits you’re entitled to receive. The system is complex, the insurance companies are experienced at minimizing claims, and the stakes couldn’t be higher for you and your family.
You don’t have to navigate this process alone. Experienced legal representation can make all the difference in the outcome of your case, helping you secure the medical care you need and the compensation that reflects the true impact of your injuries on your life and livelihood.
At Grossman Attorneys at Law, we’ve spent decades fighting for injured contractors. We understand the challenges you’re facing because we’ve walked hundreds of clients through this process.
If you or a loved one has been injured while working on a U.S. government contract overseas, we encourage you to contact us for a consultation. There’s no cost to discuss your case, and we work on a contingency fee basis, which means you don’t pay anything unless we recover benefits for you. Let us put our experience and our reputation to work for you.
Frequently Asked Questions
What are the eligibility criteria for a DBA claim?
Eligibility requires that you are a civilian employee working outside the U.S. under a contract with the U.S. government for public works or national defense. This includes military contractors, civilian employees, and workers providing welfare support for the military. You do not need to be a U.S. citizen to qualify.
What is the statute of limitations for filing a Defense Base Act claim?
Generally, you must file a claim within one year of the date of injury. For occupational diseases like PTSD or hearing loss that do not appear immediately, the deadline extends to two years from the date you became aware of the relationship between the illness and your employment.
How are disability benefits calculated under the DBA?
Compensation is typically calculated at 66 2/3% of your average weekly wage (AWW), subject to maximum and minimum rates set by the U.S. Department of Labor. Benefits vary based on whether the disability is temporary, permanent, partial, or total.
What is considered “public works” under the Defense Base Act?
“Public works” refers to any U.S. government-funded construction or service project performed outside the continental United States. This includes building military bases, schools, roads, or providing service contracts related to national defense activities.
Can I appeal if my DBA claim is denied?
Yes. If your claim is denied by the insurance companies or employer, you have the right to request a hearing before an Administrative Law Judge (ALJ). If the ALJ’s decision is unfavorable, you can appeal to the Benefits Review Board and eventually to the U.S. Federal Court of Appeals.
