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Defense Base Act v. Department of Defense

October 24, 2019

We get a lot of questions from people that were injured working for the Department of Defense wondering if they qualify for workers' compensation benefits under the Defense Base Act. The two names sound very similar and many would assume they go hand in hand; however, this is not the case!

The Defense Base Act actually covers:

Work for private employers on U.S. military bases or on any lands used by the U.S. for military purposes outside of the United States, including those in U.S. Territories and possessions;

Work on public work contracts with any U.S. government agency, including construction and service contracts in connection with national defense or with war activities outside the United States;

Work on contracts approved and funded by the U.S. under the Foreign Assistance Act, which among other things provides for cash sale of military equipment, materials, and services to its allies, if the contract is performed outside of the United States;

Work for American employers providing welfare or similar services outside the United States for the benefit of the Armed Services, e.g. the United Service Organizations (USO).

Employees of any subcontractors of a contract involved in work detailed above, it is applicable to both US and local national employees.

Generally, workers employed by American  public work performing work for the U.S. government in U.S. territories, at U.S.located outside the continental United States and in support of military aid programs within allied nations.Also, persons who are employed overseas by welfare and morale projects such as the , the and Salvation Army are generally covered. "Public Works" is defined in 42 U.S.C. § 1651

CALL US TODAY IF YOU HAVE BEEN INJURED AT WORK, 404-660-2332. We will let you know what program you need to file for benefits under and help you along the entire process. We look forward to helping you navigate the legal issues that come up after an injury at work.