Sustaining an injury while working overseas for a U.S. government contractor can leave you feeling isolated and uncertain. You’re far from home, potentially dealing with inadequate medical care, and wondering who will pay for treatment and lost wages.
If you or a loved one has been injured while supporting U.S. operations abroad, the Defense Base Act may provide the compensation you need, but securing those benefits isn’t always straightforward. Insurance companies often delay or deny legitimate claims, leaving injured contractors struggling to understand their rights. That’s where experienced legal representation becomes essential. If you’re a Florida resident or contractor working abroad, understanding how to access qualified Defense Base Act legal help can make all the difference in your recovery and financial security.
What Is the Defense Base Act and Who Does It Cover?
The Defense Base Act (DBA) is a federal workers’ compensation law enacted in 1941 to protect civilian employees working on U.S. military bases or under U.S. government contracts outside the United States. It’s an extension of the Longshore and Harbor Workers’ Compensation Act, adapted to cover the unique circumstances of overseas contractors.
Under the DBA, if you’re injured while working abroad on a government contract, you’re entitled to medical care and compensation regardless of fault. This means you don’t have to prove your employer was negligent, only that your injury occurred during the course and scope of your employment.
Who qualifies for DBA coverage? The law covers a broad range of workers:
- Employees working on U.S. military bases overseas
- Contractors supporting U.S. government operations abroad
- Public works employees on contracts with any U.S. government agency for public works or national defense
- Employees of American employers providing services on U.S. welfare or similar projects outside the country
- Employees of American employers under contract with U.S. allied governments for public works or national defense
This includes security personnel, translators, construction workers, logistics specialists, IT professionals, engineers, cooks, maintenance staff, and medical personnel. Essentially, if you’re a civilian working for a private company under contract with the U.S. government overseas, you’re likely covered.
It’s important to understand that DBA coverage isn’t limited to combat zones. You could be working in a relatively safe location and still be protected. The key factor is whether your employer has a government contract and you’re working outside U.S. territory. Some contractors don’t realize they’re covered until after an injury occurs, which can lead to confusion and delays in seeking benefits.
Why Florida Contractors Need Specialized DBA Legal Representation
Florida is home to a significant number of defense contractors and overseas workers. Many Floridians deploy to support U.S. operations in the Middle East, Africa, Europe, and other regions. When injuries happen, these contractors face unique legal challenges that require attorneys with specific expertise in Defense Base Act law.
The Unique Challenges Florida Contractors Face
Florida contractors dealing with DBA claims encounter several obstacles that differ from standard injury cases:
Geographic complications create the first layer of difficulty. You might be injured in Afghanistan, treated initially in Germany, receive follow-up care in Florida, and deal with an insurance company headquartered in another state entirely. Coordinating medical records, scheduling examinations, and attending hearings across multiple time zones and jurisdictions requires careful navigation.
Multiple parties involvement adds complexity. Your employer, the insurance carrier, the Department of Labor, medical providers in different countries, and potentially the contracting agency all play roles in your claim. Each has different procedures, documentation requirements, and timelines.
Insurance company resistance is common. DBA insurers are notoriously aggressive in denying or minimizing claims. They may dispute the extent of your injuries, question whether your condition is work-related, or challenge your need for certain treatments. Without experienced representation, you’re at a significant disadvantage when facing their teams of lawyers and adjusters.
Florida-specific considerations also come into play. If you’re receiving medical treatment in Florida, understanding how state healthcare systems interact with federal DBA requirements matters. Your attorney needs to know which Florida medical providers are experienced with DBA cases and can provide the necessary documentation to support your claim.
How DBA Cases Differ from Standard Workers’ Compensation Claims
If you’ve ever dealt with state workers’ compensation in Florida, you might assume DBA claims work the same way. They don’t.
First, DBA claims are governed by federal law, not state law. This means different procedures, different forms, different appeal processes, and different administrative judges. The Office of Workers’ Compensation Programs (OWCP) within the U.S. Department of Labor oversees DBA claims, not Florida’s Division of Workers’ Compensation.
Second, the benefit structure differs. DBA compensation rates are based on national average weekly wages rather than state-specific calculations. Medical treatment options are broader, and you have more flexibility in choosing your treating physicians.
Third, the jurisdictional reach is global. Your injury might occur on another continent, but your claim is still processed through federal channels. This creates documentation challenges that don’t exist in purely domestic cases.
Fourth, DBA cases often involve more substantial injuries. The high-risk environments where contractors work, from construction sites in conflict zones to security operations in unstable regions, tend to produce severe injuries or fatalities. Claims may involve complex medical issues, psychological trauma, or wrongful death benefits.
Finally, the insurance dynamics are different. DBA insurance policies are specialized products that many general personal injury or workers’ comp attorneys have never handled. The carriers know the system inside and out, and they use that knowledge to their advantage. You need an attorney with comparable expertise, someone who has handled numerous DBA claims and understands the federal procedures, common insurance tactics, and effective advocacy strategies.
Common Reasons DBA Claims Are Denied or Delayed
Understanding why DBA claims get denied or delayed can help you avoid common pitfalls. Insurance companies use predictable tactics to minimize payouts, and knowing what to expect allows you to build a stronger case from the start.
Insufficient Medical Documentation
Medical documentation is the foundation of every DBA claim. Without clear, detailed records connecting your injury to your work overseas, your claim will struggle.
Insurance carriers often deny claims when medical records are incomplete or vague. For example, if your treatment records simply state “back pain” without explaining the mechanism of injury, the severity of your condition, or how it relates to your job duties, the insurer may claim insufficient evidence.
Overseas medical treatment adds another layer of complexity. Records from foreign hospitals may be in another language, follow different documentation standards, or be difficult to obtain. Gaps in treatment, common when you’re transitioning from overseas care to stateside providers, give insurers reason to question the severity or continuity of your condition.
You need medical providers who understand DBA requirements and can articulate clear opinions about causation, disability, and future treatment needs. Your physician should document not just your symptoms but also the functional limitations you experience and how they impact your ability to work. An experienced DBA attorney can help coordinate with medical providers to ensure documentation meets federal standards.
Disputes Over Causation and Pre-Existing Conditions
Causation disputes are among the most common reasons for DBA claim denials. The insurance company may acknowledge that you have a medical condition but dispute whether it’s actually related to your overseas employment.
They might argue that your injury resulted from a pre-existing condition rather than a work-related incident. For instance, if you have a history of knee problems and then injure your knee while deployed, the insurer may claim your current symptoms are just a continuation of your previous condition, not a new compensable injury.
In reality, DBA law recognizes that work can aggravate pre-existing conditions, and such aggravations are compensable. But proving aggravation requires strong medical evidence and legal arguments that many injured contractors aren’t equipped to provide on their own.
Psychological injuries present particular causation challenges. Post-traumatic stress disorder (PTSD), anxiety, and depression are common among contractors who work in high-threat environments. Insurance companies often dispute these claims aggressively, arguing that psychological symptoms can’t be definitively linked to specific work experiences or questioning whether the contractor was actually exposed to traumatic events.
Successfully overcoming causation disputes requires medical experts who can explain the relationship between your work conditions and your injuries in terms that satisfy federal standards. Your attorney should be prepared to develop evidence demonstrating not only what happened to you but also why it constitutes a compensable work injury under the DBA.
Missed Deadlines and Procedural Errors
The DBA has strict deadlines that, if missed, can result in loss of benefits. Time limits apply to several stages of the claims process.
You must provide notice of your injury to your employer within 30 days. While there are exceptions for injuries that develop gradually or when notice wasn’t possible, missing this deadline without a valid excuse can jeopardize your claim.
You must file your formal claim within one year of the injury or, in cases of occupational disease, within one year of when you knew or should have known the condition was work-related. Again, exceptions exist, but they require legal arguments that are best presented by an experienced attorney.
Procedural errors beyond missed deadlines also create problems. Filing incomplete forms, submitting claims to the wrong insurance carrier, failing to properly serve documents, or not following up on requests for additional information can all delay or derail your case.
Insurance companies won’t help you meet these deadlines or correct procedural mistakes, they’ll use them against you. Having an attorney who knows the DBA claims process ensures that you meet all requirements and don’t give insurers technical grounds to deny your claim.
What to Look for When Choosing a Defense Base Act Lawyer in Florida
Not all personal injury attorneys are equipped to handle DBA claims. The specialized nature of this federal law requires specific knowledge and experience. When you’re evaluating potential legal representation, focus on these critical factors.
Experience with Federal DBA Claims and Procedures
DBA cases proceed through federal administrative channels that operate differently from state courts. Your attorney should have substantial experience with the Office of Workers’ Compensation Programs, familiarity with Administrative Law Judges who hear DBA cases, and knowledge of federal procedural rules.
Ask prospective attorneys how many DBA cases they’ve handled. Have they represented clients through formal hearings before ALJs? Are they familiar with the Benefits Review Board, which hears appeals? Do they understand how to navigate the Department of Labor’s systems and requirements?
At Grossman Attorneys at Law, we’ve handled hundreds of DBA claims over more than405 years. Our founding attorney, Howard Grossman, has extensive experience with the federal administrative process and has successfully represented contractors through all stages of DBA litigation, including appeals. This depth of experience matters when your livelihood is on the line.
You also want an attorney who understands the broader context of federal compensation law. The DBA is related to the Longshore and Harbor Workers’ Compensation Act, and expertise in one often translates to stronger advocacy in the other. Attorneys who regularly handle these federal compensation cases have relationships with medical experts who understand the documentation requirements, knowledge of relevant case law, and insight into how different ALJs approach common issues.
Track Record of Successful Outcomes
Experience means little without results. Look for attorneys who have achieved significant settlements and hearing victories for DBA claimants.
What types of benefits have they secured for clients? Have they obtained compensation for clients with denied claims? Can they point to specific cases where their advocacy made a meaningful difference?
We have a reputation for achieving some of the highest DBA settlements in the industry. Our willingness to fight for our clients, through hearings, appeals, and trial when necessary, has resulted in substantial recoveries for injured contractors. Insurance companies and defense attorneys respect our knowledge and commitment, which often leads to more favorable settlement negotiations.
But success isn’t just about dollar amounts. It’s also about accessibility, communication, and personal service. We’re known for the understanding and care we give to each individual. Your attorney should be accessible, responsive to your questions, and committed to keeping you informed throughout your case.
Understanding of Florida-Specific Considerations
While DBA law is federal, Florida-specific factors can impact your case. Your attorney should understand the Florida medical community, know which providers are experienced with federal compensation cases, and be familiar with how Florida healthcare systems interact with DBA requirements.
If you’re receiving treatment in Florida, your medical providers need to understand federal documentation standards. Not all physicians are familiar with these requirements. An attorney with Florida connections can help direct you to medical professionals who can provide the necessary evaluations and reports.
Florida’s large contractor community also means your attorney should understand the employment landscape, which companies contract overseas, what types of work Floridians typically perform abroad, and common injury patterns in different roles.
Our offices in Florida give us direct access to Florida-based contractors and medical providers. We understand the unique circumstances Florida residents face when injured overseas and how to address the practical challenges of coordinating care and benefits between overseas locations and home.
The DBA Claims Process: What Florida Contractors Should Expect
Understanding the DBA claims process helps reduce anxiety and allows you to take appropriate action at each stage. While every case is unique, most follow a similar path.
Initial Injury Reporting and Medical Treatment
The process begins the moment you’re injured. Your first priority is getting medical attention, but you also need to report your injury to your employer as soon as possible.
Notify your supervisor or the designated company representative immediately. Many contractors are deployed to remote locations where immediate formal reporting isn’t feasible, but document your injury as soon as circumstances allow. Email, text messages, or any written communication creates a record of notice.
Seek medical treatment right away, even for seemingly minor injuries. Delays in treatment give insurance companies ammunition to argue your injury wasn’t serious or wasn’t actually work-related. Follow your doctor’s recommendations and attend all scheduled appointments.
Make sure your medical providers understand your injury is work-related and occurred overseas under a government contract. This context matters for documentation purposes. Ask for copies of all medical records and keep them organized.
If you’re injured overseas and evacuated for treatment, maintain records of every facility where you receive care. The transition from overseas medical care to stateside treatment can create documentation gaps that insurance companies exploit. Work with your attorney to ensure continuity in your medical records.
Filing Your DBA Claim
Once you’ve reported your injury and begun treatment, the next step is filing a formal claim. The claim form (LS-203) must be submitted to your employer and their insurance carrier. This document provides basic information about your injury, employment, and the benefits you’re seeking.
Your employer’s insurance carrier should provide you with information about the claims process, but don’t expect them to advocate for your interests. Their goal is to minimize payouts, not maximize your benefits.
The insurance company will investigate your claim. They may request medical records, take recorded statements, arrange independent medical examinations, or conduct surveillance. Be cautious during this process, seemingly innocent statements can be used against you later.
If the insurance carrier accepts your claim, they should begin paying benefits voluntarily. Medical bills should be paid, and if you’re unable to work, you should receive disability compensation. But, many claims aren’t accepted initially or are accepted only partially.
Negotiation, Hearings, and Appeals
When the insurance company denies your claim or disputes the benefits you’re entitled to receive, you’ll need to pursue your rights through formal channels.
Many disputes can be resolved through negotiation. Your attorney will present evidence supporting your claim, including medical documentation, wage records, and legal arguments. Skilled negotiators can often reach settlements that provide fair compensation without the time and expense of a formal hearing.
But, we never recommend settling your case when trial presents a better opportunity for recovery. Some cases require formal litigation to achieve justice.
If negotiation doesn’t resolve your claim, you can request a hearing before an Administrative Law Judge. These hearings are less formal than civil trials but still follow procedural rules and evidence standards. You’ll present testimony, medical evidence, and legal arguments supporting your entitlement to benefits.
ALJ hearings are your opportunity to tell your story and present evidence directly to the decision-maker. Having experienced representation makes an enormous difference. We know how to present medical evidence effectively, examine witnesses, and make persuasive legal arguments that resonate with ALJs.
After the hearing, the ALJ will issue a written decision. If either party disagrees with the decision, they can appeal to the Benefits Review Board, and potentially to federal circuit courts.
Throughout this process, having attorneys who are willing to fight for you is essential. Our proactive litigation style and national reach allow us to pursue your claim wherever necessary, and our reputation for thorough preparation gives us credibility with judges and opposing counsel.
Benefits Available Under the Defense Base Act
Understanding what benefits you’re entitled to receive helps you evaluate whether the insurance company is treating you fairly. The DBA provides comprehensive benefits that should cover all consequences of your work-related injury.
Medical Benefits and Treatment Coverage
The DBA requires the employer’s insurance carrier to pay for all reasonable and necessary medical treatment related to your work injury. This includes:
- Emergency treatment immediately after your injury
- Hospitalization and surgery
- Doctor visits and specialist consultations
- Physical therapy and rehabilitation
- Prescription medications
- Medical equipment and assistive devices
- Psychological counseling and treatment
- Travel expenses to and from medical appointments
You have the right to choose your treating physician, though there are procedures for challenging that choice if disputes arise. Your selected doctor should be qualified to treat your condition and willing to provide the detailed documentation necessary to support your claim.
Medical benefits continue for as long as treatment is reasonable and necessary. If you require ongoing care or future medical procedures, the insurance company should cover those expenses. Don’t let insurers pressure you into settling claims if you still need treatment.
For psychological injuries, coverage includes therapy, psychiatric medication, and other mental health services. Given the traumatic environments many contractors work in, PTSD and related conditions are common compensable injuries that deserve the same consideration as physical trauma.
Disability Compensation and Wage Replacement
If your injury prevents you from working, the DBA provides disability compensation to replace your lost wages. The amount you receive depends on your average weekly wage at the time of injury and the nature of your disability.
Temporary Total Disability (TTD) applies when you’re completely unable to work while recovering. You’ll receive two-thirds of your average weekly wage, subject to maximum and minimum rates that adjust annually based on national average wages.
Permanent Total Disability (PTD) applies if your injury leaves you permanently unable to engage in gainful employment. PTD benefits continue for life unless your condition improves to the point where you can return to work.
Temporary Partial Disability (TPD) applies when you can return to work but only in a limited capacity that pays less than your pre-injury wages. You’ll receive two-thirds of the difference between your pre-injury wages and your current earnings.
Permanent Partial Disability (PPD) provides compensation for permanent impairments that don’t completely prevent you from working. Compensation is based on the nature and severity of the impairment and its impact on your earning capacity.
Calculating disability benefits correctly requires understanding federal wage calculation rules, maximum and minimum rates, and how different types of income factor into average weekly wage determinations. Insurance companies frequently undervalue these benefits, paying less than contractors are entitled to receive. Your attorney should carefully review wage calculations to ensure accuracy.
Death Benefits for Surviving Family Members
When contractors lose their lives in overseas service, the DBA provides death benefits to surviving dependents. These benefits are meant to provide financial support for the family members who relied on the deceased worker’s income.
Surviving spouses and children receive ongoing compensation calculated as a percentage of the deceased worker’s average weekly wage. Payments continue until the surviving spouse remarries or children reach adulthood, with special provisions for disabled dependents.
The employer’s insurance carrier must also pay reasonable funeral and burial expenses, including the cost of transporting the deceased worker’s remains to the United States.
Death benefit claims can be emotionally overwhelming for grieving families. Working with compassionate attorneys who understand both the legal process and the personal tragedy you’re experiencing makes a difficult situation more manageable. We’ve helped many families navigate the claims process during their most painful moments, securing the benefits that their loved ones would have wanted them to receive.
How a Florida DBA Attorney Can Help Maximize Your Claim
Hiring experienced legal representation isn’t just about having someone fill out paperwork, it’s about having an advocate who knows how to build strong cases, overcome insurance company resistance, and secure the full benefits you deserve.
We start by conducting a thorough evaluation of your claim. Many contractors don’t realize the full scope of benefits they’re entitled to receive. We identify all potential compensation, including medical benefits, disability payments, vocational rehabilitation services, and any special benefits applicable to your situation.
We coordinate with medical providers to ensure proper documentation. Your treating physicians may not be familiar with federal compensation requirements. We help them understand what information needs to be included in their reports and can arrange for additional evaluations when necessary.
We handle all communication with the insurance company. Insurance adjusters are trained to minimize claims, and things you say, even seemingly innocent comments, can be used against you. Having attorneys manage these interactions protects your interests.
We negotiate aggressively for fair settlements. Our reputation for achieving some of the highest DBA settlements in the industry comes from our willingness to fight and our skill in presenting compelling cases. Insurance companies know we’re prepared to go to hearing when necessary, which often leads to better settlement offers.
When cases require litigation, we provide experienced representation at every stage. We’ve appeared before Administrative Law Judges throughout the country, presented cases to the Benefits Review Board, and pursued appeals in federal courts. Our proactive litigation style and thorough preparation give you the best chance of success.
We also understand that this process isn’t just about legal procedures, it’s about your life and your future. The personal service we provide means we’re accessible when you have questions, responsive to your concerns, and committed to keeping you informed about your case’s progress.
Our multilingual capabilities are particularly valuable for DBA claims. We speak English, Spanish, Creole, French, Russian, and Ukrainian, allowing us to work with U.S. government contractors from many backgrounds and coordinate with medical providers and witnesses worldwide.
Steps to Take If Your Claim Has Been Denied
A denied DBA claim isn’t the end of your case, it’s often just the beginning of the fight. Insurance companies deny many legitimate claims, hoping contractors will give up rather than pursue their rights. Don’t let that happen to you.
First, understand exactly why your claim was denied. The insurance company should provide a written explanation. Common reasons include disputes over medical causation, questions about whether your injury occurred during employment, insufficient documentation, or procedural issues.
Gather additional evidence to address the denial reasons. If the insurer questions medical causation, obtain a detailed report from your treating physician explaining the relationship between your work and your injury. If documentation is incomplete, track down missing medical records or employment information.
Consult with an experienced Florida Defense Base Act attorney immediately. Time limits for challenging denials are strict, and you don’t want to miss critical deadlines. An attorney can evaluate the insurance company’s stated reasons for denial and develop a strategy to overcome their objections.
File a formal request for a hearing before an Administrative Law Judge. This is your opportunity to present your case directly to a decision-maker who isn’t employed by the insurance company. ALJ hearings follow procedures that protect your rights and give you a fair chance to prove your entitlement to benefits.
Prepare thoroughly for the hearing. Success requires strong medical evidence, clear testimony, and persuasive legal arguments. Your attorney should work closely with you to prepare your testimony, arrange for expert witnesses if necessary, and develop evidence that satisfies federal legal standards.
Be persistent. Some cases require multiple hearings or appeals before reaching a successful resolution. Don’t get discouraged if the process takes time. With experienced representation and strong evidence, many initially denied claims eventually result in full benefits.
Throughout this process, keep copies of all documents, maintain records of all communications with the insurance company, continue following your medical treatment plan, and stay in regular contact with your attorney.
Let The Florida DBA Lawyers at Grossman Attorneys Help With Your Claim
Choosing the right Defense Base Act attorney means looking for extensive experience with federal claims procedures, a proven track record of successful outcomes, and understanding of Florida-specific considerations. You need attorneys who are willing to fight for your rights through negotiation, hearings, and appeals when necessary.
At Grossman Attorneys at Law, we’ve dedicated more than 35 years to representing injured contractors in DBA claims. Our reputation for achieving some of the highest settlements in the industry, combined with our commitment to personal service and accessibility, makes us a trusted advocate for Florida contractors who need help securing the benefits they deserve.
If you or a loved one has been injured while working overseas, don’t face the insurance company alone. Contact us today for a consultation about your Defense Base Act claim. We’ll evaluate your situation, explain your rights, and fight to secure the full compensation you’re entitled to receive.
