If you or a loved one has been injured while working overseas on a U.S. government contract, you’re facing a complicated situation that can feel overwhelming. Maybe you were injured in Afghanistan, Iraq, or another location far from North Carolina, and now you’re dealing with medical bills, insurance companies, and uncertainty about your rights. You might not even know what the Defense Base Act is, but it’s the federal law designed to protect civilian contractors like you.
Getting injured overseas is difficult enough without having to battle insurance companies that delay or deny your claim. The good news is that you don’t have to navigate this process alone. Defense Base Act lawyers in North Carolina understand the unique challenges you’re facing and can help you secure the benefits you deserve.
Understanding the Defense Base Act and Your Rights as a North Carolina Contractor
What Is the Defense Base Act?
The Defense Base Act is a federal workers’ compensation law that was enacted in 1941, during World War II. Before this law existed, civilian workers supporting military operations overseas had no insurance coverage if they got hurt on the job. The DBA changed that by extending protections from the Longshore and Harbor Workers’ Compensation Act to civilians working abroad under government contracts.
Essentially, the DBA fills a gap. When you work overseas for a U.S. government contractor, you can’t file a claim under your home state’s workers’ compensation system because those laws don’t apply outside state borders. The DBA steps in to provide coverage, ensuring that contractors injured while supporting military, embassy, or defense-related projects receive medical care and wage replacement.
This law has evolved over the decades to cover a wide range of contractors. Initially focused on military base construction, it now includes security personnel, translators, IT professionals, medical staff, logistics specialists, and anyone working under a U.S. government contract in a foreign country.
Who Qualifies for Defense Base Act Coverage?
You qualify for Defense Base Act coverage if you meet specific criteria related to your employment and injury location. The law covers civilian employees working on U.S. military bases or other U.S. government properties abroad. It also covers individuals employed under contracts with the U.S. government for public works or national defense purposes outside the United States.
Also, the DBA extends to employees of contractors providing welfare or similar services for the benefit of the Armed Forces. Even certain employees working on contracts approved and funded by the U.S. under the Foreign Assistance Act can be covered. The key is that your work must be connected to U.S. government operations abroad.
For North Carolina residents, this means that if you accepted a contract job overseas, whether in construction, security, translation, logistics, or another field, and you were injured, you’re likely covered. Your employer should have DBA insurance, which is legally required for contractors working under these circumstances.
It’s important to understand that coverage isn’t limited to injuries that happen on a military base. The Zone of Special Danger Doctrine can extend coverage to injuries that occur off-duty or off-site, as long as the injury is connected to the hazardous conditions of your overseas employment. For example, if you were injured in a mortar attack while off-duty in a war zone, you’d still be covered.
Common Injuries and Claims Among North Carolina Contractors
Physical Injuries on Overseas Contracts
Contractors working abroad face a wide range of physical dangers. Construction workers might suffer falls from heights, crush injuries, or equipment-related accidents. Security personnel risk gunshot wounds, shrapnel injuries, and blast injuries from explosives. Vehicle accidents are common, especially in areas with poor road conditions or active conflict zones.
Burn injuries from fires or explosions, repetitive stress injuries from manual labor, and back or spinal cord injuries from heavy lifting are also frequent. Some contractors develop occupational illnesses from exposure to toxic substances, such as burn pits or hazardous chemicals. Hearing loss from loud machinery or explosions is another common claim.
These injuries can range from minor to catastrophic. Some contractors return home with permanent disabilities that prevent them from working in their previous capacity. Others face multiple surgeries and years of physical therapy. The physical toll is often compounded by the challenge of coordinating medical care between overseas providers and doctors back home in North Carolina.
Psychological Trauma and PTSD Claims
Beyond physical injuries, many contractors suffer psychological trauma. Working in a war zone or high-risk environment takes a mental toll that can last long after you return home. Post-traumatic stress disorder (PTSD) is one of the most common psychological conditions among overseas contractors, particularly those who’ve experienced or witnessed violent events.
Symptoms of PTSD can include flashbacks, nightmares, severe anxiety, difficulty sleeping, and emotional numbness. Some contractors develop depression, substance abuse issues, or struggle with anger and irritability. These conditions can strain relationships, make it hard to hold down a job, and significantly reduce your quality of life.
Unfortunately, insurance companies often challenge psychological injury claims more aggressively than physical injury claims. They may argue that your PTSD isn’t related to your overseas work or that it doesn’t meet the threshold for compensation. This is where experienced representation becomes critical. A skilled Defense Base Act lawyer knows how to document psychological injuries, work with mental health professionals, and build a compelling case that the insurance company can’t easily dismiss.
Why You Need a Defense Base Act Lawyer in North Carolina
Complexity of Federal Workers’ Compensation Law
The Defense Base Act isn’t like typical workers’ compensation systems you might be familiar with in North Carolina. It’s a federal law with its own set of rules, procedures, and requirements. The claims process involves filing paperwork with the U.S. Department of Labor, navigating administrative hearings, and understanding how the DBA interacts with the Longshore and Harbor Workers’ Compensation Act.
There are strict deadlines that must be met. For example, you generally need to notify your employer of your injury within 30 days and file a formal claim within one year. Missing these deadlines can jeopardize your entire claim. The forms themselves, like the LS-201 for reporting an injury, require detailed information and must be completed correctly.
Beyond the paperwork, DBA law involves nuanced legal concepts. Questions about whether your injury falls within the Zone of Special Danger, whether your employment status qualifies for coverage, and how to calculate your average weekly wage all require legal expertise. Without an attorney, you’re trying to learn a new area of law while dealing with the stress of your injury and recovery.
Dealing with Insurance Company Denials and Delays
Insurance companies handling DBA claims have one goal: minimize what they pay out. They may delay processing your claim, deny it outright, or offer a settlement that’s far less than what you deserve. Common tactics include disputing the severity of your injury, claiming your injury isn’t work-related, or arguing that you failed to follow proper procedures.
They might require you to see their doctors for independent medical examinations, then use those reports to downplay your condition. They may stop paying benefits suddenly, forcing you to appeal. In cases involving psychological injuries, they often argue that your PTSD or depression stems from something other than your overseas work.
Facing these tactics without legal representation puts you at a serious disadvantage. Insurance companies have teams of lawyers and adjusters working to protect their interests. You need someone in your corner who understands their strategies and knows how to counter them. An experienced North Carolina Defense Base Act lawyer can negotiate with insurance companies, challenge unfair denials, and, if necessary, take your case to a hearing before an Administrative Law Judge.
Navigating Medical Treatment Between Overseas and North Carolina
One of the unique challenges in DBA cases is coordinating medical care across multiple locations. You may have received initial treatment overseas, then returned to North Carolina for ongoing care. Medical records might be scattered across different countries and healthcare systems. Getting those records, translating them if necessary, and ensuring they’re properly submitted as part of your claim can be a logistical nightmare.
Also, the DBA requires you to treat with authorized physicians. If you see a doctor without authorization from your employer or the insurance company, they might refuse to pay for that treatment. But what happens if you can’t find an authorized doctor in North Carolina who understands your specific injury? Or if the authorized doctor isn’t providing adequate care?
These are the kinds of practical problems that arise in DBA cases. An attorney can help you navigate the authorization process, ensure you’re receiving proper medical care, and fight for coverage if the insurance company refuses to pay for necessary treatment. We work with medical providers who understand the unique injuries contractors face and can help you get the care you need while protecting your claim.
What to Look for in a North Carolina Defense Base Act Attorney
Specialized Experience with DBA Cases
Not all personal injury lawyers handle Defense Base Act claims. In fact, many attorneys have never dealt with a DBA case because it’s a specialized area of federal law. When you’re looking for legal representation, you need someone who focuses specifically on DBA and related maritime and longshore claims.
Look for an attorney who handles these cases regularly and understands the nuances of federal workers’ compensation law. They should be familiar with the Department of Labor’s procedures, know how to present evidence at administrative hearings, and have relationships with medical experts who can support your claim.
At Grossman Attorneys at Law, Defense Base Act cases are a core part of our practice. We’ve represented hundreds of contractors with injuries ranging from physical trauma to PTSD. Our founding attorney, Howard Grossman, has over 40 years of experience in longshore and maritime litigation, and we’re widely regarded as one of the top firms on the East Coast for these types of cases. This level of specialization makes a difference in the quality of representation you receive.
Track Record of Success
Any attorney can say they’re good at what they do, but results speak louder than words. When evaluating potential lawyers, ask about their track record. Have they secured significant settlements or awards for DBA claimants? Do they have a reputation for taking cases to trial when necessary, or do they settle too quickly?
We have a reputation for achieving some of the highest DBA settlements in the industry. We’re skilled negotiators, but we’re also experienced litigators who aren’t afraid to fight for our clients in front of an Administrative Law Judge if that’s what it takes to get a fair result. Insurance companies and defense attorneys know that when we take a case, we’re committed to pursuing every avenue for recovery.
Success in DBA cases often comes down to thorough preparation and a willingness to invest time and resources into building a strong case. That means gathering comprehensive medical evidence, consulting with experts, and developing a clear narrative that demonstrates the full extent of your injuries and how they’ve impacted your life.
Understanding of North Carolina-Specific Challenges
While the Defense Base Act is a federal law, contractors from North Carolina face specific challenges related to their home state. You might need to coordinate care with local medical providers, navigate state tax implications of your settlement, or deal with family and financial issues unique to living in North Carolina while recovering from an overseas injury.
An attorney who takes cases nationwide but also understands the local context can provide more personalized service. They can connect you with North Carolina-based medical providers who are experienced with DBA cases, help you understand how your benefits interact with other potential sources of compensation, and provide guidance that takes your specific situation into account.
At Grossman Attorneys at Law, we take cases nationwide from our offices in Florida and Washington, D.C. We’ve represented contractors from all over the country, including many from North Carolina. Our national reach means we have the resources and experience to handle complex cases, while our commitment to personal service ensures you’re not just another case number.
What Makes Grossman Attorneys at Law the Best Defense Base Act Lawyers in North Carolina?
- 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 North Carolina’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.
The Defense Base Act Claims Process in North Carolina
Initial Injury Reporting and Documentation
The claims process begins the moment you’re injured. Ideally, you should report your injury to your employer as soon as it happens. Under the DBA, you generally have 30 days to provide written notice of your injury, though this deadline can be extended in certain circumstances.
Reporting should include details about what happened, where it occurred, and the nature of your injuries. Even if your injury seems minor at first, report it. Some injuries worsen over time, and failing to report early on can give the insurance company ammunition to deny your claim later.
Documentation is crucial. Keep copies of all medical records, incident reports, witness statements, and any correspondence with your employer or the insurance company. Take photos of your injuries and the accident site if possible. The more evidence you have, the stronger your claim will be.
If you’re still overseas when the injury occurs, you should receive initial medical treatment through your employer’s workers’ compensation insurance. Make sure you get copies of all medical records before you leave the country. Once you’re back in North Carolina, continue documenting your treatment and how your injury affects your daily life.
Filing Your DBA Claim
Formally filing a DBA claim involves submitting specific forms to the U.S. Department of Labor. The key form is the LS-203, which is the Employee’s Claim for Compensation. This form requires detailed information about your employment, your injury, and the benefits you’re seeking.
You also need to submit medical evidence supporting your claim. This includes doctor’s reports, diagnostic test results, and any other documentation showing the extent and impact of your injuries. Your employer and their insurance company will be notified of your claim and have an opportunity to respond.
The insurance company may accept your claim and begin paying benefits voluntarily, or they may dispute it. If they dispute your claim, the case moves into a more adversarial process that may require a hearing before an Administrative Law Judge.
This is where having an attorney becomes invaluable. We handle all the paperwork, ensure deadlines are met, and prepare your claim in a way that maximizes your chances of success. We also communicate with the insurance company on your behalf, so you can focus on your recovery instead of getting bogged down in legal procedures.
The Role of the Administrative Law Judge
If your claim is disputed and can’t be resolved through negotiation, it will go to a hearing before an Administrative Law Judge (ALJ) within the Office of Administrative Law Judges at the Department of Labor. This is similar to a trial, but less formal. Both sides present evidence, call witnesses, and make legal arguments.
The ALJ will review the medical evidence, hear testimony from you and any witnesses, and consider legal arguments from both sides. After the hearing, the judge issues a written decision determining whether you’re entitled to benefits and, if so, how much.
If either party disagrees with the ALJ’s decision, they can appeal to the Benefits Review Board, and potentially beyond that to the federal courts. The appeals process can be lengthy, but it’s an important safeguard to ensure you receive a fair outcome.
Our attorneys are skilled litigators with extensive experience representing clients at DBA hearings and appeals. We know how to present evidence effectively, cross-examine witnesses, and make persuasive legal arguments. Defense attorneys respect our knowledge and commitment to our clients, which often leads to better settlement offers before a case even reaches a hearing.
Benefits Available Under the Defense Base Act
Medical Benefits and Treatment Coverage
The Defense Base Act provides comprehensive medical benefits for work-related injuries. This includes coverage for doctor visits, hospital stays, surgeries, prescription medications, physical therapy, and any other treatment deemed medically necessary. There’s no cap on medical benefits, so if you require ongoing care for the rest of your life, the insurance company is responsible for paying those costs.
You’re also entitled to choose your own physician after the initial treatment period, as long as the doctor is willing to work within the DBA system. If you’re unhappy with the authorized physician or feel you’re not receiving adequate care, you can request a change.
One important aspect of medical benefits is that they cover both current and future expenses. If your injury requires additional surgeries down the line, or if you need assistive devices like a wheelchair or prosthetic limb, those costs should be covered. An experienced attorney will ensure that your settlement or award accounts for your future medical needs, not just what you’ve already spent.
Disability Compensation and Wage Replacement
If your injury prevents you from working, you’re entitled to disability compensation. The DBA recognizes different levels of disability, and the compensation you receive depends on the severity of your condition.
Temporary total disability benefits are paid when you’re completely unable to work during your recovery. The amount is typically two-thirds of your average weekly wage, subject to minimum and maximum limits set by federal law. If you’re able to return to work part-time or at a lower-paying job while you recover, you may be eligible for temporary partial disability benefits.
Permanent disability benefits come into play when you reach maximum medical improvement but still have lasting impairments. Permanent total disability benefits are paid if you can’t return to any type of work. Permanent partial disability benefits are calculated based on the extent of your impairment and how it affects your earning capacity.
Schedule awards are another form of compensation for specific injuries, such as the loss of a limb or loss of vision. These awards are calculated based on a predetermined schedule and provide compensation regardless of whether the injury actually affects your ability to work.
Calculating the correct disability benefits can be complicated. It requires determining your average weekly wage, which may include overtime, bonuses, and other compensation beyond your base salary. It also requires medical evaluations to assess the extent of your disability. We work with medical experts and vocational specialists to ensure your benefits are calculated accurately and reflect the true impact of your injury.
Death Benefits for Family Members
If a contractor dies as a result of a work-related injury, the Defense Base Act provides death benefits to surviving family members. This typically includes a surviving spouse and dependent children.
Death benefits are paid as a percentage of the deceased worker’s average weekly wage. A surviving spouse generally receives 50% of the average weekly wage, with additional amounts for dependent children. These benefits continue for the lifetime of the spouse or until they remarry, and for children until they reach adulthood.
The DBA also covers funeral and burial expenses up to a set limit. Also, family members may be entitled to compensation for their emotional suffering and loss of companionship, though this is more complex and often requires legal assistance to pursue.
Losing a loved one is devastating, and dealing with an insurance company during that time adds an extra burden. We handle DBA death benefit claims with sensitivity and care, ensuring that families receive the financial support they need while allowing them to focus on grieving and healing.
Steps to Take After an Overseas Injury
If you’ve been injured while working overseas, taking the right steps immediately can make a significant difference in the outcome of your claim. Here’s what you should do:
Seek medical attention right away. Even if your injury seems minor, get it checked out. Some injuries, like concussions or internal bleeding, may not show symptoms immediately but can become serious. Prompt medical treatment also creates a record that your injury occurred on a specific date, which is important for your claim.
Report your injury to your employer in writing. Verbal notification is a good start, but follow up with a written report as soon as possible. Include the date, time, location, and details of what happened. Keep a copy for your records.
Document everything. Take photos of your injuries and the accident scene if you can. Write down the names of any witnesses. Keep copies of all medical records, bills, and correspondence with your employer or the insurance company. The more documentation you have, the stronger your claim will be.
Don’t give recorded statements to the insurance company without legal advice. Insurance adjusters may contact you and ask for a recorded statement about your injury. Be cautious. What you say can be used against you later. It’s often best to consult with an attorney before providing any detailed statements.
Continue your medical treatment. Follow your doctor’s recommendations and attend all appointments. Gaps in treatment can give the insurance company ammunition to argue that your injury isn’t as serious as you claim. If you’re returning to North Carolina for treatment, make sure your providers are authorized under the DBA and that the insurance company is aware of your treatment plan.
Consult with a Defense Base Act lawyer as soon as possible. Even if you haven’t filed a claim yet, an attorney can advise you on your rights, help you avoid common mistakes, and ensure you’re taking the right steps to protect your claim. At Grossman Attorneys at Law, we offer consultations to injured contractors and can begin working on your case immediately.
Time is critical in DBA cases. Don’t wait until your claim has been denied or until you’ve missed a deadline to seek legal help. The sooner you have experienced representation, the better your chances of securing the benefits you deserve.
Finding the Right Defense Base Act Lawyer in North Carolina
Questions to Ask During Your Initial Consultation
When you’re evaluating potential lawyers, it’s important to ask the right questions. Here are some key things to find out during your initial consultation:
How much experience do you have with Defense Base Act cases? You want an attorney who regularly handles DBA claims, not someone who’s only taken on a few cases here and there. Ask how many DBA cases they’ve handled and what outcomes they’ve achieved.
What’s your approach to handling my case? Some attorneys focus on settling quickly, while others are willing to take cases to trial. Find out how the attorney plans to approach your case and whether they’re prepared to fight if the insurance company doesn’t offer a fair settlement.
Who will be working on my case? In some firms, a senior attorney handles the consultation but then hands your case off to a junior associate. At Grossman Attorneys at Law, you’ll always deal directly with a team consisting of a paralegal and an attorney. Our team approach means that your case’s needs are always covered, and you’re always kept informed of all developments.
How will you communicate with me? Find out how often you’ll receive updates and how you can reach your attorney if you have questions. We’re known for the understanding and care we give to each individual. When you call our firm, you’ll receive a call back from a lawyer, ensuring you’re always connected to someone who can help.
Let The North Carolina DBA Lawyers at Grossman Attorneys Help With Your Claim
If you’re a North Carolina contractor who’s been injured while working abroad, don’t wait to seek help. The claims process is complex, and the insurance company will use every tool at its disposal to minimize what they pay. You need attorneys willing to fight on your behalf, lawyers with specialized experience, a proven track record, and a commitment to putting your interests first.
At Grossman Attorneys at Law, we have the expertise and national reach to handle even the most complex DBA cases. Led by founding attorney Howard Grossman, who has over 35 years of longshore and maritime litigation experience, our firm has earned a reputation for professionalism, integrity, and a proactive litigation style. We’ve helped hundreds of contractors navigate the DBA claims process and have achieved some of the highest settlements in the industry.
We understand what you’re going through, and we’re here to provide the experienced representation and personal attention you deserve.
If you or a loved one needs help with a Defense Base Act claim, contact us today. We’ll review your case, answer your questions, and help you understand your options. Remember, you don’t pay anything unless we win your case. Let us fight for the benefits you’ve earned.
