If you or a loved one has been injured while working overseas as a government contractor, you’re likely facing more than physical pain and recovery. The confusion about what benefits you’re entitled to, the frustration of dealing with insurance companies, and the financial pressure of lost wages can feel overwhelming. You may have heard about the Defense Base Act but aren’t sure how it applies to your situation or what rights you actually have.
Georgia is home to thousands of contractors who support U.S. operations overseas, from security personnel deployed to Iraq and Afghanistan to logistics specialists working on military installations in the Middle East and Africa. When injuries happen thousands of miles from home, navigating the legal and medical systems can feel impossible. That’s where experienced legal representation becomes critical.
What Is the Defense Base Act and Who Does It Cover in Georgia?
The Defense Base Act is a federal workers’ compensation law that extends coverage to civilian employees working on U.S. government contracts outside the United States. If you’re a Georgia resident who’s been injured while working overseas for a government contractor, the DBA likely covers you, even if you’ve never heard of it before.
This law was enacted in 1941 and has been amended several times to expand coverage as the nature of overseas contracting has evolved. Essentially, the DBA ensures that contractors injured while supporting U.S. operations abroad receive medical care, wage replacement, and other benefits similar to what domestic workers receive under traditional workers’ compensation programs.
Understanding who’s covered and what benefits are available is the first step in protecting your rights. Many Georgia contractors don’t realize they have coverage until after an injury occurs, which can lead to delays in treatment and compensation.
Types of Contractors Covered Under the DBA
The Defense Base Act covers a broad range of workers, not just those directly employed by the military. If you work for a private company that has a contract with the U.S. government to provide services overseas, you’re likely covered.
This includes security contractors protecting U.S. personnel and facilities, construction workers building infrastructure on military bases, translators and interpreters supporting military operations, logistics and supply chain specialists, IT professionals maintaining communication systems, medical staff providing healthcare services, and food service workers in military dining facilities.
You don’t have to be working directly on a military installation to be covered. The DBA also extends to employees working on public works contracts with any U.S. government agency for public works or national defense, employees of contractors providing welfare or similar services to the Armed Forces, and employees working under contracts approved and funded by the U.S. under the Foreign Assistance Act.
Even subcontractor employees are typically covered. If your employer has a contract with a company that holds a prime contract with the U.S. government, you should be covered under the DBA as well.
Why Georgia Contractors Need Specialized DBA Legal Representation
Defense Base Act cases are fundamentally different from typical workers’ compensation claims or personal injury cases. The federal nature of DBA law, combined with the overseas context of these injuries and the aggressive tactics often employed by insurance carriers, means you need an attorney who specifically understands this area of law.
Many well-intentioned general practice attorneys or even workers’ compensation lawyers who handle state-level claims don’t have the specialized knowledge required to effectively represent DBA claimants. The stakes are too high and the legal landscape too complex to rely on generalized legal knowledge.
The Complexity of Federal Workers’ Compensation Law
The Defense Base Act operates under the framework of the Longshore and Harbor Workers’ Compensation Act (LHWCA), which means it’s governed by a specific set of federal regulations that differ significantly from Georgia’s state workers’ compensation system.
This federal system has its own administrative process through the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP). Claims are adjudicated by Administrative Law Judges who specialize in these cases, and there’s a specific appeals process that can go through the Benefits Review Board and eventually to federal circuit courts.
There are also unique aspects to medical treatment under the DBA. You have the right to choose your own physician, which is different from many state systems. You can receive treatment overseas, in Georgia, or anywhere else that’s reasonable. But insurance companies will often try to direct you to their own doctors or question the necessity of treatment, particularly for psychological injuries.
Navigating Insurance Company Tactics and Claim Denials
DBA insurance carriers are in the business of minimizing their payouts. While not all insurance adjusters act in bad faith, many use tactics designed to reduce what they pay on claims or delay payments to pressure claimants into accepting less than they deserve.
Common insurance company tactics include delaying claim processing and benefit payments, disputing the extent or cause of injuries, requiring unnecessary independent medical examinations, offering quick but inadequate settlements, arguing that injuries are pre-existing conditions, and claiming that injuries occurred outside the scope of employment.
When you’re injured and unable to work, these tactics can be devastating. Medical bills pile up, you can’t pay your mortgage or support your family, and the pressure to accept whatever the insurance company offers becomes intense. This is exactly what insurance companies count on.
We’ve seen insurance carriers deny legitimate PTSD claims, arguing that psychological injuries don’t qualify for benefits or that the contractor’s symptoms existed before their deployment. We’ve seen them dispute serious physical injuries, sending claimants to doctors who consistently minimize findings. And we’ve seen them delay payments for months, hoping contractors will give up or accept pennies on the dollar.
Common Defense Base Act Injuries Among Georgia Contractors
Georgia contractors working overseas face a wide range of potential injuries and illnesses. The nature of the work, often in harsh environments, sometimes under hostile conditions, and frequently involving physically demanding tasks, creates numerous opportunities for serious harm.
Understanding the types of injuries commonly seen in DBA cases helps contractors recognize when they need legal assistance and what benefits they may be entitled to receive.
Physical Injuries and Occupational Illnesses
Physical injuries are the most visible category of DBA claims. These can range from traumatic injuries resulting from specific incidents to cumulative injuries that develop over time due to the nature of the work.
Traumatic injuries are common, particularly in conflict zones and construction settings. Blast injuries from IEDs or other explosions can cause traumatic brain injuries, hearing loss, orthopedic injuries, and internal injuries. Burns from fires, explosions, or chemical exposure can require extensive treatment and result in permanent scarring and disability. Gunshot wounds and shrapnel injuries affect security contractors and others working in hostile environments.
Vehicle accidents are a leading cause of contractor injuries overseas. Roads in many deployment locations are poorly maintained, traffic laws are inconsistently enforced, and the risk of hostile action adds another layer of danger. Rollovers, collisions, and roadside bomb attacks all contribute to serious injuries including spinal cord injuries, traumatic brain injuries, and orthopedic trauma.
Construction and workplace accidents cause numerous injuries each year. Falls from heights, being struck by objects or equipment, caught-in or caught-between accidents involving machinery, and electrical injuries all occur regularly on overseas job sites.
Orthopedic injuries are extremely common among contractors. The physical demands of the work, often performed while carrying heavy gear in extreme heat, take a toll on the body. We frequently see claims involving lumbar spine injuries from lifting, carrying, and repetitive bending: cervical spine injuries from vehicle accidents and other trauma: shoulder injuries including rotator cuff tears: knee injuries from walking on uneven terrain while carrying heavy loads: and repetitive stress injuries affecting various joints.
Occupational illnesses also qualify for DBA coverage. Exposure to burn pits, open-air waste disposal sites that were common at military installations, has led to numerous respiratory conditions and cancers among contractors. Exposure to hazardous chemicals, extreme heat illness, infectious diseases contracted overseas, and hearing loss from prolonged noise exposure all fall under DBA coverage.
Psychological Injuries and PTSD Claims
Psychological injuries are just as real and just as disabling as physical injuries, but they’re often more difficult to prove and more frequently disputed by insurance carriers. Many Georgia contractors return from overseas deployments with significant psychological trauma that affects their ability to work and their quality of life.
Post-Traumatic Stress Disorder is the most common psychological injury among contractors working in conflict zones. If you’ve experienced or witnessed traumatic events, explosions, firefights, serious injuries to yourself or others, or the constant threat of attack, you may develop PTSD symptoms including intrusive memories and flashbacks, severe anxiety, nightmares, hypervigilance, difficulty concentrating, and avoidance of situations that trigger traumatic memories.
PTSD isn’t a sign of weakness and it’s not something you can just “get over.” It’s a recognized medical condition that qualifies for DBA benefits, including medical treatment and disability compensation.
Depression and anxiety disorders are also common among contractors, sometimes existing alongside PTSD or developing independently due to the stress of deployment, separation from family, and difficult working conditions. Adjustment disorders can develop when contractors struggle to transition back to life in Georgia after extended deployments.
Understanding Your Rights Under the Defense Base Act
One of the biggest challenges facing injured contractors is simply understanding what benefits they’re entitled to receive. The Defense Base Act provides comprehensive coverage for work-related injuries, but many contractors don’t realize the full extent of their rights.
Knowing what you’re entitled to helps you recognize when an insurance company is offering less than you deserve and when you need to push back or seek legal representation.
Medical Benefits and Treatment Options
Under the DBA, you’re entitled to all reasonable and necessary medical treatment related to your work injury. This isn’t limited to emergency care or basic treatment, it includes whatever medical care is needed to treat your condition and help you recover to the greatest extent possible.
Medical benefits under the DBA cover doctor visits and consultations, hospital stays and surgeries, physical therapy and rehabilitation, prescription medications, medical equipment and assistive devices, psychological counseling and psychiatric treatment, and home health care when necessary.
One of the most important rights you have under the DBA is the right to choose your own treating physician. The insurance company cannot force you to see only their doctors, though they may request independent medical examinations (IMEs) to evaluate your condition. Your choice of physician should be someone who understands your condition and will provide the treatment you need, not someone whose priority is minimizing the insurance company’s costs.
You can receive medical treatment anywhere that’s reasonable given your circumstances. If you’re still overseas when injured, you can receive initial treatment there. Once you return to Georgia, you can see doctors in Atlanta, Columbus, Savannah, or anywhere else in the state. If you need specialized treatment that’s not available locally, the insurance company should cover travel to medical centers where that treatment is available.
Insurance companies must pay for medical treatment in a timely manner. If they’re delaying payment or refusing to authorize necessary treatment, that’s a violation of your rights and something an attorney can address.
Disability Compensation and Wage Replacement
When your work injury prevents you from earning wages, the DBA provides disability compensation to replace your lost income. The amount you receive depends on the severity of your disability and how it affects your ability to work.
Temporary total disability (TTD) benefits apply when you’re completely unable to work due to your injury. You’ll receive two-thirds of your average weekly wage during this period. For many contractors, this calculation can be complex because of tax advantages, overseas allowances, and variable work schedules. Getting this calculation right from the beginning is important.
Temporary partial disability (TPD) benefits apply when you’re able to return to work but can’t earn as much as you did before your injury. You’ll receive two-thirds of the difference between your pre-injury wages and what you’re currently able to earn.
Permanent total disability (PTD) benefits apply when your injury results in permanent impairments that prevent you from engaging in any substantial gainful employment. These benefits can continue for the rest of your life, making the proper establishment of PTD status critical.
Permanent partial disability (PPD) benefits compensate you for permanent impairments that affect your earning capacity but don’t completely prevent you from working. The amount depends on the nature and extent of your impairment, based on medical evaluations and established schedules.
The DBA also recognizes scheduled injuries, specific injuries to certain body parts that are compensated according to a predetermined schedule regardless of actual wage loss. These include loss of or permanent loss of use of arms, hands, fingers, legs, feet, toes, eyes, and hearing.
Understanding which category of disability applies to your situation and ensuring you receive the correct compensation requires knowledge of how these benefits are calculated and when it’s appropriate to challenge an insurance company’s assessment.
The DBA Claims Process: What Georgia Contractors Should Expect
Filing a Defense Base Act claim involves multiple steps and strict deadlines. Understanding this process helps you avoid mistakes that could jeopardize your benefits and prepares you for what lies ahead.
The claims process can seem bureaucratic and intimidating, especially when you’re dealing with an injury and trying to recover. But each step serves a purpose in establishing your right to benefits and documenting your claim.
Reporting Your Injury and Filing Deadlines
The first critical step is reporting your injury to your employer. Under the DBA, you must provide written notice of your injury to your employer within 30 days of the injury (or within 30 days of when you become aware that your condition is work-related). This notice should include basic information about what happened, when it happened, and what injuries you sustained.
Don’t assume that because your employer knows you were hurt, you’ve satisfied the notice requirement. Put it in writing. Send it by email if that’s the most practical method, but make sure you have documentation that notice was provided. If you’re unable to provide written notice yourself because of the severity of your injuries, someone else can provide notice on your behalf.
Missing the 30-day notice deadline doesn’t automatically bar your claim, but you’ll need to show that your employer wasn’t prejudiced by the delay or that there were circumstances beyond your control that prevented timely notice. Don’t risk your benefits, report your injury promptly.
After reporting your injury to your employer, a formal claim for compensation must be filed with the U.S. Department of Labor within one year of your injury or within one year of your last payment of compensation. This is typically done by filing Form LS-203, Employee’s Claim for Compensation.
While one year might seem like plenty of time, it can pass quickly, especially if you’re focused on medical treatment or if the insurance company is providing some benefits that make you think everything is being handled. An attorney can ensure your claim is filed properly and on time.
What to Do If Your Claim Is Denied or Delayed
Many DBA claims are initially denied or benefits are delayed. This doesn’t mean you don’t have a valid claim,it often just means the insurance company is trying to avoid paying or hoping you’ll give up.
If your claim is denied, you’ll receive a notice explaining the reasons for the denial. Common reasons include disputes about whether the injury is work-related, arguments that the injury isn’t as severe as claimed, missed deadlines for reporting or filing, or contentions that you have a pre-existing condition.
You have the right to contest a claim denial. This typically involves requesting an informal conference with the district director at the Department of Labor’s Office of Workers’ Compensation Programs. If the informal conference doesn’t resolve the dispute, you can request a formal hearing before an administrative law judge.
Formal hearings are legal proceedings where both sides present evidence, including medical records, testimony from doctors and witnesses, and arguments about the law. These hearings require legal representation. An insurance company will have experienced attorneys representing their interests,you should too.
Even if your claim hasn’t been formally denied, significant delays in receiving benefits or authorization for medical treatment should prompt you to seek legal advice. Insurance companies sometimes use delay as a tactic, hoping financial pressure will force you to accept a lowball settlement or abandon your claim.
How to Choose the Right Defense Base Act Lawyer in Georgia
Selecting the right defense base act attorney in Georgia to represent you in your DBA case is one of the most important decisions you’ll make. The attorney you choose will have a direct impact on the outcome of your claim and the benefits you receive.
Not all attorneys who claim to handle DBA cases have the same level of experience or commitment to this area of law. Here’s what to look for when choosing representation.
Key Qualifications and Experience to Look For
Defense Base Act law is highly specialized. You want an attorney who focuses specifically on DBA and Longshore Act cases, not someone who dabbles in this area along with a dozen other practice areas.
Look for an attorney with substantial experience handling DBA cases. How many DBA cases has the attorney handled? What kind of results have they achieved? Have they represented clients through formal hearings and appeals, or do they primarily settle cases before they get that far?
Experience with medical issues is also crucial. DBA cases often involve complex medical conditions and disputes about the nature and extent of injuries. Mr. Grossman’s extensive knowledge of medicine allows him to effectively challenge insurance company doctors and present compelling medical evidence on behalf of clients.
You want an attorney who’s willing to fight for you, not one who’s going to push you to accept the first settlement offer that comes along. We never recommend settling your case when trial presents a better opportunity for recovery. Our reputation as skilled negotiators who are prepared to go to trial if necessary means insurance companies take our settlement demands seriously.
National reach is important for DBA cases. While you may be living in Georgia now, your case may involve work performed in multiple locations, treatment received in different states, and potentially hearings that take place outside Georgia. We have offices in Florida and Washington DC and handle cases nationwide, giving us the resources and experience to represent clients wherever their case takes them.
Georgia-Specific Considerations for DBA Claims
While the Defense Base Act is federal law that applies the same way regardless of where you live, there are some practical considerations specific to Georgia contractors that affect how you navigate your claim and recovery.
Medical Treatment Options and Providers in Georgia
Georgia has excellent medical facilities and providers that can treat the wide range of injuries contractors sustain overseas. Knowing where to seek treatment and how to find doctors who understand DBA cases is important.
Major medical centers in Georgia include Emory Healthcare in Atlanta, which offers comprehensive services including specialized trauma care, orthopedics, and psychological services: Piedmont Healthcare, with multiple locations throughout the Atlanta area and northern Georgia: Grady Memorial Hospital in Atlanta, a Level I trauma center: and the Medical College of Georgia at Augusta University, offering specialized care and research facilities.
For veterans and contractors who qualify, the VA medical centers in Atlanta, Augusta, and Dublin provide care, though VA benefits are separate from DBA benefits and navigating both systems can be complex.
When selecting treating physicians for your DBA case, look for doctors who understand workers’ compensation claims and are willing to provide detailed reports documenting your injuries, treatment, and restrictions. Your attorney can often recommend physicians who have experience with DBA cases and understand the documentation requirements.
For psychological injuries, finding a qualified mental health professional who understands PTSD and other trauma-related conditions is critical. Georgia has numerous psychologists and psychiatrists with experience treating combat-related trauma, though not all have experience with the DBA claims process.
Military Installations and Contractor Communities in Georgia
Georgia has a significant military presence, which contributes to the large number of contractors from the state who work overseas. Understanding this community context helps explain why Georgia-based DBA representation matters.
Major military installations in Georgia include Fort Moore (formerly Fort Benning) in Columbus, one of the Army’s largest installations and home to the Infantry School: Robins Air Force Base in Warner Robins, a major logistics and maintenance hub: Fort Stewart near Hinesville, home to the 3rd Infantry Division: Marine Corps Logistics Base Albany: and Coast Guard facilities in various locations.
These installations and the surrounding communities are home to thousands of active duty service members, veterans, and civilian contractors. Many contractors who work overseas either currently live near these installations or have connections to them through their military service or that of family members.
This military-connected community understands the sacrifices involved in supporting overseas operations and the challenges contractors face. Having legal representation that understands this context and has worked with many Georgia contractors in similar situations can make a real difference in how comfortable you feel with your attorney and how well they understand your circumstances.
What a Georgia DBA Attorney Can Do for Your Case
Having experienced legal representation fundamentally changes the trajectory of most DBA cases. An attorney who understands this area of law and is committed to fighting for your rights can mean the difference between a denied claim and full benefits, or between a quick lowball settlement and the compensation you actually deserve.
Here’s what we do for our clients at every stage of the DBA claims process.
Investigating and Building Your Claim
A successful DBA case requires thorough investigation and comprehensive documentation. We start by gathering all relevant information about your employment, the incident that caused your injury, and the medical treatment you’ve received.
We 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’ve treated you, and employment records showing your wages and work history.
We work with your treating physicians to ensure they understand the documentation requirements for DBA cases and provide detailed reports that clearly explain your injuries, the treatment you need, and any restrictions or limitations you have. When necessary, we consult with additional medical experts who can evaluate your condition and provide opinions that support your claim.
For psychological injury cases, we ensure you’re working with qualified mental health professionals who understand PTSD and related conditions and can provide the detailed documentation needed to establish your claim.
We also investigate 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.
We present your claim to the insurance carrier with comprehensive documentation that establishes your right to benefits. This isn’t a matter of asking nicely, it’s about building a case so strong that the insurance company recognizes that fighting it isn’t in their best interest.
Our reputation matters in these negotiations. Insurance companies and defense attorneys know that we’ve achieved some of the highest DBA settlements in the industry. They know we have extensive litigation experience and aren’t afraid to take cases to hearing. This knowledge gives us leverage in negotiations that less experienced attorneys simply don’t have.
We evaluate settlement offers carefully, considering not just the immediate payout but the long-term impact on your financial security and medical care. We never recommend settling your case when trial presents a better opportunity for recovery. If an insurance company isn’t offering fair compensation, we’re 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.
We prepare thoroughly for hearings, developing a litigation strategy tailored to your case. This includes preparing witnesses (including you) to testify, organizing medical evidence and expert testimony, anticipating the insurance company’s arguments and preparing counter-arguments, and presenting a compelling case to the judge.
Formal hearings can be intimidating, but you don’t go through them alone. We guide you through every step of the process, explain what’s 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 Georgia?
- 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 Georgia’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 Georgia DBA Lawyers at Grossman Attorneys Help With Your Claim
If you’re a Georgia 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.
