If you or a loved one works overseas as a civilian contractor supporting U.S. military operations, embassy functions, or infrastructure projects, you’re putting yourself in harm’s way every day. When an injury happens thousands of miles from Virginia, or when you’re dealing with the aftermath back home, you might feel lost, overwhelmed, and unsure where to turn. The Defense Base Act (DBA) is a federal law designed to protect you, but navigating the claims process can be confusing and frustrating, especially when insurance companies delay or deny benefits you deserve.
Virginia is home to a significant military and contractor community, and many injured contractors find themselves caught between complex federal regulations and the practical challenges of recovering from serious injuries. You need experienced representation that understands both the law and what you’re going through.
Understanding the Defense Base Act and Your Rights as a Virginia Contractor
What Is the Defense Base Act?
The Defense Base Act is a federal workers’ compensation law passed in 1941 that extends coverage to civilian employees working on U.S. government contracts outside the continental United States. This includes work on military bases, public works projects, embassy construction, and many other government-approved contracts. The law ensures that if you’re injured while performing your job duties overseas, you have access to medical treatment and financial compensation, just as you would under traditional workers’ compensation laws.
Unlike state workers’ compensation systems, the DBA is governed by federal law and administered through the U.S. Department of Labor. This means the rules, deadlines, and procedures can be very different from what you might expect based on Virginia’s own workers’ compensation system. Understanding these differences is critical to protecting your rights.
Who Qualifies for DBA Coverage in Virginia?
If you’re a Virginia resident working overseas, you may qualify for DBA coverage if you’re employed by a private contractor working on a U.S. government contract. This includes a wide range of roles, security personnel, translators, construction workers, logistics specialists, IT professionals, medical staff, and many others.
Coverage applies regardless of where the injury occurs, as long as it’s connected to your employment on a qualifying contract. For instance, if you’re injured on a military base in the Middle East, during transport to a job site, or even in your quarters overseas, you may be covered. The key factor is whether your work falls under a U.S. government contract and whether your injury is work-related.
Many Virginia government contractors don’t realize they’re covered under the DBA until after an injury occurs. If you’re unsure whether your work qualifies, it’s worth consulting with an attorney who can review your employment contract and circumstances.
What Benefits Are Available Under the DBA?
The DBA provides several types of benefits designed to help you recover and support your family during a difficult time:
Medical treatment: You’re entitled to necessary and reasonable medical care for your work-related injury or illness. This includes doctor visits, surgeries, medications, physical therapy, and other treatments. You have the right to choose your own doctor, which is particularly important if you’ve returned to Virginia and want to work with providers you trust.
Disability compensation: If your injury prevents you from working, you may be entitled to temporary or permanent disability benefits. Temporary total disability (TTD) benefits compensate you while you’re unable to work during recovery. If you have a permanent impairment, you may receive permanent partial or permanent total disability benefits, depending on the severity and impact of your condition.
Death benefits: If a contractor dies from a work-related injury or illness, the DBA provides death benefits to surviving family members, including a percentage of the worker’s average weekly wage and funeral expenses.
These benefits are meant to ensure that you and your family don’t face financial ruin because of a workplace injury. But getting access to these benefits isn’t always straightforward.
Why Virginia Contractors Need Specialized DBA Legal Representation
The Complexity of Federal Workers’ Compensation Law
Federal workers’ compensation law, particularly the Defense Base Act, is fundamentally different from Virginia’s state workers’ compensation system. The DBA is governed by the Longshore and Harbor Workers’ Compensation Act (LHWCA), which has its own set of rules, procedures, and legal standards. If you or your attorney aren’t familiar with these federal regulations, it’s easy to make mistakes that can delay or jeopardize your claim.
For example, there are strict deadlines for reporting your injury to your employer and filing a claim with the Department of Labor. Missing these deadlines can result in losing your right to benefits. The type of evidence required to prove your claim, the way medical opinions are weighed, and the procedures for hearings and appeals are all distinct under federal law.
An attorney with specialized experience in DBA cases knows how to navigate these complexities. We understand the nuances of federal workers’ compensation and have a proven track record of successfully representing contractors in these claims. This expertise makes a significant difference in the outcome of your case.
Virginia’s Military and Contractor Community
Virginia has one of the largest concentrations of military personnel, veterans, and defense contractors in the United States. From the Pentagon and Norfolk Naval Station to countless contractors supporting operations overseas, Virginia’s economy and workforce are deeply connected to defense work. This means many Virginia families are directly affected by DBA claims.
Because of this unique environment, Virginia contractors often face multi-jurisdictional challenges. You might be injured overseas, receive initial treatment in a military or field hospital, return to Virginia for further care, and then need to deal with an insurance carrier based in another state. Coordinating all these moving parts requires legal representation with a national reach and the ability to handle complex, cross-border cases.
At Grossman Attorneys at Law, we take cases nationwide and have offices in Florida and Washington, D.C. Our national reach, combined with our deep understanding of the challenges Virginia contractors face, makes us well-equipped to handle your case no matter where your injury occurred or where your employer and insurer are located.
Common Challenges Virginia DBA Claimants Face
Insurance Company Delays and Claim Denials
One of the most frustrating aspects of the DBA claims process is dealing with insurance companies. DBA coverage is provided through private insurance carriers, and these companies have a financial incentive to minimize payouts. Delays and denials are unfortunately common.
Insurance adjusters may request excessive documentation, question the extent or cause of your injuries, or use technicalities to deny your claim. They may argue that your injury wasn’t work-related, that you failed to report it in time, or that your medical treatment isn’t necessary. Some insurers will delay making a decision, leaving you in financial limbo while you’re unable to work and medical bills pile up.
Having experienced representation is critical in these situations. We know the tactics insurance companies use, and we’re prepared to push back. Our attorneys are skilled litigators and negotiators, and we never recommend settling your case when trial presents a better opportunity for recovery. We’re willing to fight for what you deserve.
Navigating Medical Treatment Across State Lines and Overseas
If you’re injured overseas, you may receive initial treatment in a military hospital, a local facility, or even through emergency evacuation. Once you return to Virginia, you’ll likely need ongoing care from doctors and specialists here. Coordinating this care and ensuring that your treatment is covered under the DBA can be complicated.
You have the right to choose your own physician under the DBA, but insurance companies may try to steer you toward their own doctors or question the necessity of the treatment your Virginia providers recommend. They may also dispute whether certain treatments are related to your work injury.
We work closely with medical providers experienced in DBA cases to ensure you receive the care you need. We also help you understand your rights when it comes to choosing doctors and obtaining reimbursement for medical expenses.
Proving Causation for Injuries and Occupational Diseases
Proving that your injury or illness is work-related can be one of the most challenging aspects of a DBA claim, especially when dealing with occupational diseases, cumulative trauma, or conditions that develop over time. For example, exposure to toxic chemicals, repetitive stress injuries, or chronic pain conditions may not have a clear, single incident that caused the problem.
Insurance companies often challenge causation in these cases, arguing that your condition is due to a pre-existing injury, aging, or non-work-related factors. Successfully proving causation requires thorough medical documentation, expert testimony, and a solid understanding of both the medical and legal issues involved.
Our founding attorney, Howard Grossman, has extensive knowledge of medicine that equips him to go toe-to-toe with the most knowledgeable experts around. This background is invaluable when building a case that relies on complex medical evidence.
Psychological Injuries and PTSD Claims
Many contractors working in conflict zones or high-stress environments suffer psychological injuries such as post-traumatic stress disorder (PTSD), anxiety, or depression. These conditions are just as real and debilitating as physical injuries, but they can be even harder to prove.
Insurance companies may downplay the severity of psychological injuries or argue that they aren’t work-related. They may point to other stressors in your life or question whether your symptoms meet the diagnostic criteria for PTSD or another condition.
We understand the unique challenges of psychological injury claims and work with mental health professionals who can provide the necessary evaluations and testimony. If you’re struggling with PTSD or another psychological condition related to your overseas work, you deserve compassionate, knowledgeable representation that takes your suffering seriously.
The Defense Base Act Claims Process: What Virginia Contractors Should Know
Reporting Your Injury and Filing Your Claim
The first step in securing DBA benefits is reporting your injury to your employer as soon as possible. The DBA requires that you notify your employer within 30 days of the injury or within 30 days of becoming aware that your condition is work-related. Failing to report within this timeframe can jeopardize your claim.
Once you’ve reported the injury, your employer is required to file a report with the Department of Labor and their insurance carrier. You’ll also need to file a formal claim for benefits. This involves completing and submitting specific forms, including a claim for compensation, and providing medical documentation.
The paperwork and deadlines can be overwhelming, especially when you’re dealing with the physical and emotional toll of an injury. An experienced DBA attorney can handle these filings on your behalf, ensuring that everything is completed correctly and on time.
Working With Insurance Carriers and Employers
After you file your claim, the insurance carrier will investigate and decide whether to accept or deny your claim. During this process, you may be asked to provide additional documentation, undergo independent medical examinations, or answer questions about your injury and employment.
It’s important to be honest and thorough in your communications, but also cautious. Insurance adjusters are trained to look for reasons to deny or minimize claims. Having an attorney represent you during this stage ensures that your rights are protected and that you don’t inadvertently say or do something that harms your case.
If the insurance carrier accepts your claim, they’ll begin paying benefits and covering your medical treatment. If they deny your claim or offer a settlement that doesn’t fully compensate you, you have the right to challenge that decision.
When Your Claim Goes to a Hearing
If your claim is denied or disputed, you can request a formal hearing before an administrative law judge (ALJ) at the Department of Labor’s Office of Administrative Law Judges. This is similar to a trial, where both sides present evidence, call witnesses, and make legal arguments.
Hearings can be intimidating, and the outcome can have a significant impact on your life. Having skilled legal representation is essential. We prepare thoroughly for hearings, gathering medical records, expert testimony, employment documents, and other evidence to build a strong case on your behalf. We know how to present your case effectively and advocate for your rights in front of the judge.
If the ALJ’s decision is unfavorable, you also have the right to appeal to the Benefits Review Board and, if necessary, to the federal courts. We handle appeals and continue fighting for you at every stage of the process.
How to Choose the Right Defense Base Act Lawyer in Virginia
Experience With DBA Cases and Federal Workers’ Compensation
Not all personal injury or workers’ compensation attorneys have experience with Defense Base Act cases. DBA law is highly specialized, and it requires a deep understanding of federal statutes, LHWCA Department of Labor procedures, and the unique challenges contractors face.
When evaluating potential defense base act attorneys in Virginia, ask about their specific experience with DBA claims. How many cases have they handled? What were the outcomes? Do they have experience representing clients in hearings and appeals? An attorney with a proven track record in DBA cases is far more likely to achieve a favorable result.
At Grossman Attorneys at Law, we’re widely regarded as one of the top maritime and longshore attorneys on the East Coast. Our founding attorney, Howard Grossman, has over 35 years of experience with Longshore and Defense Base Act claimant representation. We’ve helped hundreds of contractors navigate the DBA claims process and have a reputation for achieving some of the highest DBA settlements in the industry.
Track Record of Success and Client Outcomes
Look for an attorney or law firm with a strong track record of success. This doesn’t just mean winning cases, it means securing meaningful results that truly help clients and their families. Ask about settlements and awards the firm has obtained, and whether they have testimonials or references from past clients.
We’re proud of the results we’ve achieved for our clients and the relationships we’ve built along the way. Defense attorneys respect our knowledge and commitment to our clients, and we’ve earned a reputation for professionalism, integrity, and a proactive litigation style.
Accessibility and Communication Throughout Your Case
Your attorney should be accessible and responsive. You shouldn’t have to wait days or weeks to get answers to your questions or updates on your case. When you’re dealing with a serious injury and financial uncertainty, clear and timely communication is essential.
At our firm, when you call, you’ll receive a call back from a lawyer. 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. This personal service and accessibility set us apart from larger, impersonal firms.
Understanding Fee Structures for DBA Representation
Many people worry about the cost of hiring an attorney, especially when they’re already facing financial strain due to an injury. The good news is that in DBA cases, if you win your case, the employer or insurance carrier is typically responsible for paying your attorney’s fees. This means you can access experienced legal representation without upfront costs or out-of-pocket expenses.
Make sure you understand your attorney’s fee structure before you hire them. We believe in transparency and will clearly explain how fees work in your case during your initial consultation.
What to Expect When Working With a Virginia DBA Attorney
Initial Consultation and Case Evaluation
The first step in working with a DBA attorney is an initial consultation. This is your opportunity to explain what happened, ask questions, and learn about your legal options. The attorney will review the details of your injury, your employment, and any communications you’ve had with your employer or insurance carrier.
During this consultation, the attorney will evaluate the strengths and weaknesses of your case and advise you on the best course of action. This might include filing a claim, appealing a denial, or negotiating a settlement. There’s no obligation, and this consultation gives you the information you need to make an well-informed choice about how to proceed.
Building Your Case and Gathering Evidence
Once you decide to move forward, your attorney will begin building your case. This involves gathering evidence to support your claim, including medical records, employment documents, witness statements, and expert testimony. Your attorney will also communicate with your employer, the insurance carrier, and the Department of Labor on your behalf.
Building a strong case takes time and attention to detail. We work diligently to ensure that every piece of evidence is collected and presented in the most compelling way possible. Our goal is to leave no doubt that you’re entitled to the benefits you’re seeking.
Ongoing Support and Case Management
Throughout your case, your attorney will provide ongoing support and case management. This includes keeping you informed of developments, answering your questions, and guiding you through each stage of the process. If your case goes to a hearing or appeal, your attorney will prepare you for what to expect and represent you at every step.
We understand that this is a difficult time for you and your family. Our commitment to our clients goes beyond just handling the legal aspects of your case. We’re known for the understanding and care we give to each individual, and we’re here to support you in every way we can.
Resources and Support for Virginia Contractors and Their Families
Medical Treatment Options in Virginia
Virginia is home to many excellent medical providers, including specialists experienced in treating the types of injuries contractors commonly suffer. Whether you need orthopedic care, neurological treatment, mental health services, or rehabilitative therapy, there are resources available to help you recover.
We can connect you with medical providers who understand the DBA claims process and can provide the documentation and testimony needed to support your case. We also work with doctors who are experienced in treating complex injuries and occupational diseases, ensuring you receive the highest quality care.
Financial Assistance During Your Claim
While your DBA claim is pending, you may face significant financial stress. Medical bills, lost wages, and everyday expenses can add up quickly, especially if the insurance company is delaying payment.
There are resources available to help you manage financially during this time. Depending on your situation, you may be eligible for temporary assistance programs, advances on your benefits, or other forms of support. We can help you explore these options and connect you with the resources you need to get through this challenging period.
Taking the Next Step: Protecting Your Rights as a Virginia Contractor
If you’ve been injured while working overseas on a U.S. government contract, don’t wait to seek legal guidance. The sooner you consult with an experienced DBA attorney, the better your chances of securing the benefits you deserve.
Time is critical. There are strict deadlines for reporting injuries and filing claims, and delays can hurt your case. Even if you’re unsure whether you have a valid claim, it’s worth reaching out to discuss your situation with a knowledgeable attorney.
At Grossman Attorneys at Law, we offer a free initial consultation to evaluate your case and answer your questions. We’ll explain your rights, outline your options, and help you decide on the best path forward. There’s no risk and no obligation, just honest, straightforward advice from attorneys willing to fight for you.
You don’t have to face this alone. We’re here to help you navigate the DBA claims process, stand up to insurance companies, and fight for the compensation and medical care you need to move forward with your life.
Let Our Virginia Defense Base Act Lawyers Help With Your Claim
Navigating a Defense Base Act claim can be overwhelming, especially when you’re recovering from a serious injury or dealing with the loss of a loved one. The challenges Virginia contractors face, from complex federal regulations to insurance company tactics, require experienced, dedicated legal representation.
At Grossman Attorneys at Law, we’ve spent decades helping contractors and their families secure the benefits they’re entitled to under the DBA. Led by founding attorney Howard Grossman, who has over 40 years of experience in Longshore and Defense Base Act representation, our firm has earned a national reputation for professionalism, integrity, and results. We have a track record of achieving some of the highest DBA settlements in the industry, and we’re committed to providing the personalized service and accessibility our clients deserve.
Whether you’re dealing with a denied claim, navigating the complexities of medical treatment, or simply trying to understand your rights, we’re here to help. Our team speaks English, Spanish, Creole, French, Russian, and Ukrainian, allowing us to work with contractors from diverse backgrounds. We take cases nationwide, with offices in Florida and Washington, D.C., and we’re ready to stand by your side every step of the way.
Don’t let confusion, frustration, or fear keep you from getting the help you need. Contact Grossman Attorneys at Law today for a free consultation. Let us put our experience, knowledge, and commitment to work for you. You’ve already given so much in service overseas, now it’s time to make sure you get the support and compensation you deserve.
