The Defense Base Act, or “DBA,” is a federal workers' compensation program that provides medical expenses and compensation benefits to defense contractors injured while working on a wide variety of US defense projects worldwide.
Background and history of the dba
The Defense Base Act, 42 U.S.C.S. § 1651-1654, was enacted by Congress on August 16, 1941 to provide disability compensation benefits to a previously neglected subset of the American workforce, namely, overseas military contractors. In order to truly understand the humanitarian aim of the Defense Base Act, one must look at the history of the United States during the second half of 1941.
During this momentous time period, the country was gearing up for the Second World War. On July 2, 1941, the Empire of Japan enacted measures to mobilize a standing army of over one million men. On August 9, 1941, President Franklin D. Roosevelt met with British Prime Minister Winston Churchill onboard a navy ship to formulate the Atlantic Charter which established united military goals for the Allied powers. On December 7, 1941, The Imperial Japanese Navy attacked US military forces at Pearl Harbor. The United States then officially entered the war on December 8, 1941, and the rest is history.
Mobilizing America’s military following the violence of the First World War required a different and uniquely capitalistic approach to achieve victory in WW2. To maximize America’s war efforts, President Roosevelt deployed both military and non-military personnel throughout Europe and the South Pacific with the aid of the newly enacted Defense Base Act. As President Roosevelt’s then Secretary of War Henry L. Stimson famously proclaimed, “If you are going to try to go to war, or to prepare for war, in a capitalistic country, you have got to let business make money out of the process or business won’t work.” Thus, the widespread use of military contractors and private militia in war zones was born, and American military power grew exponentially worldwide.
The use of military contractors has grown exponentially since the inception of the Defense Base Act. According to a Congressional Research Study from May 2013, defense contractors accounted for 50% or more of the total military force in Afghanistan and Iraq during America’s longest war, The War on Terror.
frequently asked questions
What should I do if I’m injured?
The first thing you should do is notify your immediate supervisor as soon as possible. The next thing you should do is obtain medical treatment, and inform your doctor as to the cause of your injury with as many details as possible.
After you have properly provided notice of your injury, you should contact an attorney who will provide aggressive representation from the inception of your claim.
What will it cost me?
Retaining Diamond Louis for your Defense Base Act claim will come at no cost to you. Our fees are paid directly by the insurance company and will not affect the overall value of your claim.
What happens next?
Once you have retained Diamond Louis, we will file your claim with the United States Department of Labor. Once a claim has been filed, the responsible insurance company will either accept or deny (“controvert”) your claim. In the event the insurance company denies your claim, we will petition the United States Department of Labor for an Informal Conference with a DOL claims examiner. If no resolution is achieved during the Informal Conference, the matter is referred to the Office of Administrative Law Judges for a formal hearing. In claims where an appeal process is necessary, appeals are then taken to the Benefits Review Board, Federal District Courts, and ultimately to the Supreme Court of the United States.
How do I get started?
Contact us here for more information about how to get your claim started.
