Virginia Defense Base Act Lawyers

The experienced Virginia Defense Base Act attorneys of CHASENBOSCOLO provide aggressive representation for individuals across Virginia. If you were hurt in a military base, turn to us for assistance right away.

The Defense Base Act (DBA) is an extension of the Longshore and Harbor Workers’ Compensation Act (LHWCA) codified in Chapter 11, Title 42 of the United States Code. The DBA covers employees of United States government contractors who perform work overseas and provides disability compensation and medical benefits to injured employees as well as death benefits to eligible survivors.

The DBA covers work for private employers on United States military bases or lands used by the United States for military purposes outside of the United States, work on public work contracts with any United States government agency, work on contracts approved and funded by the United States under the Foreign Assistance Act, work for American employers providing welfare or similar services outside the United States for the benefit of the Armed Services, and any injury or death occurring during transportation to or from the place of employment, where the employer or the United States provides the transportation or the cost thereof.

All employers who satisfy the criteria of the DBA are required under federal law to provide the necessary coverage for their employees, but DBA claims can be extraordinarily complicated for the average person.

If you suffered severe injuries or your loved one was killed while working for a contractor in a United States military base in Virginia or overseas, do not try to handle your claim on your own. Insurance companies are always looking to resolve these cases for as little as possible, and injury victims can be left without the compensation they need and deserve.

CHASENBOSCOLO understands the challenges of DBA claims and performs the necessary legwork to help clients achieve the most favorable possible outcomes to these cases. Call (703) 538-1138 or contact us online to receive a free consultation.

Do I Need A Defense Base Act Lawyer?

Most DBA claims are going to be handled by an insurance company, and that insurer will have the goal of paying as little as possible to resolve the claim. You should not speak to any insurance company until you have legal counsel.

An attorney can handle all phone calls from insurers on your behalf, so you do not have to worry about saying anything that potentially harms your case. That is exactly what an insurance company is hoping you will do when they first contact you.

While an agent may seem friendly and sincerely concerned about your well-being, this is all an act, and the questions the representative will ask about your accident are designed to get you to make damaging statements about your own degree of negligence. Always refuse any offer to provide a recorded statement.

In other cases, an insurance company may offer you a lump sum settlement to resolve your case. You should know that whatever you are being offered is very well a lowball offer nowhere near what you are entitled to, and a lawyer will fight to make sure your recover something much closer to that amount.

Why Choose CHASENBOSCOLO To Handle My Case?

CHASENBOSCOLO has recovered hundreds of millions of dollars for thousands of clients since our founding in 1986. Our team now includes 25 lawyers and over 90 professionals with more than 100 years of combined legal experience.

We are available 24 hours a day, seven days a week, so you will never not have your phone call answered. We will be by your side every step along the way in your journey to recovery.

Barry M. Chasen and Benjamin T. Boscolo have both received an AV Preeminent rating from Martindale-Hubbell, a peer rating denoting the highest level of professional excellence. They are both members of the American Association for Justice.

CHASENBOSCOLO also provides the No Fee Guarantee®, so you do not need to worry about paying our firm any money unless you obtain a financial award. If we cannot recover a fair and full settlement, we will file a lawsuit to try your case in court.

Types of Defense Base Act Cases We Handle

The United States Armed Forces owns or uses a number of installations in Virginia, specifically. United States Army installations include:

  • Camp Pendleton State Military Reservation
  • Fort A.P. Hill
  • Fort Belvoir
  • Fort Eustis (Joint Base Langley-Eustis)
  • Fort Lee
  • Fort McNair (Joint Base Myer–Henderson Hall)
  • Fort Myer (Joint Base Myer–Henderson Hall)
  • Fort Pickett
  • Judge Advocate General’s Legal Center and School
  • National Ground Intelligence Center (NGIC)
  • Radford Army Ammunition Plant (RFAAP)
  • Warrenton Training Center (WTC)

The United States Marine Corps installations include:

  • Henderson Hall
  • Marine Corps Base (MCB) Quantico

United States Navy installations include:

  • Joint Expeditionary Base–Little Creek (JEB–LC)
  • Naval Air Station Oceana (NAS Oceana)
  • Naval Security Group Activity Northwest
  • Naval Station Norfolk
  • Naval Weapons Station Yorktown
  • Surface Combat Systems Center (SCSC)
  • Training Support Center Hampton Roads (FTC Dam Neck)
  • United States Naval Surface Warfare Center Dahlgren Division (NSWCDD)

Langley Air Force Base is the United States Air Force installation in Virginia. The DBA is the federal law that provides workers’ compensation to civilian contractors or their survivors if they are injured or killed while working overseas.

Frequently Asked Questions

The DBA provides disability and medical benefits to covered employees death benefits to eligible survivors. Total disability compensation is two-thirds of an employee’s average weekly earnings, and compensation is also available for partial loss of earnings. LHWCA minimum benefits rate does not apply to DBA claims. Death benefits are reasonable funeral expenses and one-half of an employee’s average weekly earnings for a surviving spouse or one child, or two-thirds of average weekly earnings for two or more eligible survivors up to the maximum weekly rate.

An employer who fails to either secure the payment of compensation under the DBA through an insurance carrier or obtain authorization to be self-insured can face misdemeanor criminal charges under 33 United States Code § 938 that are punishable by up to one year in prison and a fine of up to $10,000. The president, secretary, and treasurer of a corporation can be individually prosecuted and both personally and severally liable for compensation and other benefits. When an employer is not insured, the injured employee can either claim compensation under the DBA or sue for damages under general tort law, and the employer will be prohibited from customary tort defenses such as the employee’s own contributory negligence to their injury.

Yes, but they involve specific payment provisions. A case involving an alien or non-resident can be resolved by commuting benefits paid for permanent disability and death in a one-time lump sum payment issued by the employer or carrier representing half of the present value of future compensation as determined by the Office of Workers’ Compensation Programs (OWCP). Medical benefits cannot be commuted. Death benefits can be paid only to a surviving spouse or child or children. Death benefits can be paid to dependent parents when there are no surviving spouse, child, or children.

Defense Base Act Statistics

OWCP Defense Base Act Case Summary Reports maintained by the United States Department of Labor show that DBA fiscal year 2018 reports filed by employers included 3,853 cases involving no lost time, 448 cases involving lost time of three days or less, 2,320 cases involving lost time of four days or more, and 73 deaths for a total of 6,694 cases.

The employer with the most cases was Service Employees International, Inc., with 839 cases involving no lost time, 37 cases involving lost time of three days or less, and 35 cases involving lost time of four days or more for a total of 912 cases. The next three highest were DynCorp International with 351 cases involving no lost time, 25 cases involving lost time of three days or less, and 95 cases involving lost time of four days or more for a total of 474 cases, Fluor Federal Global Projects with 106 cases involving no lost time, 17 cases involving lost time of three days or less, and 230 cases involving lost time of four days or more for a total of 354 cases, and L-3 Communications/Vertex Aerospace with 292 cases involving no lost time, nine cases involving lost time of three days or less, and 29 cases involving lost time of four days or more for a total of 331 cases.

The insurance carrier with the most cases was Insurance Co. Of The State Of Penn., with 1,413 cases involving no lost time, 104 cases involving lost time of three days or less, 606 cases involving lost time of four days or more, and 24 deaths for a total of 2,147 cases, followed closely by Allied World National Assurance Company with 1,334 cases involving no lost time, 142 cases involving lost time of three days or less, 613 cases involving lost time of four days or more, and 18 deaths for a total of 2,107 cases. Starr Indemnity & Liability Company had 593 cases involving no lost time, 80 cases involving lost time of three days or less, 637 cases involving lost time of four days or more, and 15 deaths for a total of 1,325 cases.

The nation with the most cases was Afghanistan, with 1,107 cases involving no lost time, 113 cases involving lost time of three days or less, 816 cases involving lost time of four days or more, and 27 deaths for a total of 2,063 cases. The next three highest were Iraq with 1,049 cases involving no lost time, 149 cases involving lost time of three days or less, 651 cases involving lost time of four days or more, and eight deaths for a total of 1,857 cases, Kuwait with 262 cases involving no lost time, 36 cases involving lost time of three days or less, 161 cases involving lost time of four days or more, and six deaths for a total of 465 cases, and the Marshall Islands with 133 cases involving no lost time, six cases involving lost time of three days or less, and 28 cases involving lost time of four days or more for a total of 167 cases.

Contact a Defense Base Act Attorney in Virginia

Did you sustain severe injuries or was your loved one killed in an accident on a military base or land used by the military in Virginia or overseas? You could be entitled to various forms of compensation under the DBA.

CHASENBOSCOLO can fight to make sure that you get every last dollar that you are entitled to. Our lawyers can review your case when you call (703) 538-1138 or contact us online to take advantage of a free consultation.