Defense Base Act (DBA)

Established in 1941, the defense Base Act (DBA) was created to cover workers on military bases working outside of the U.S. and was later amended to include public works contracts with the U.S. Government for the building of non-military projects such as dams, schools, harbors and roads overseas.

Government contractors are generally required by law to obtain DBA coverage for their employees. Failure to obtain DBA coverage may carry stiff penalties such as fines or imprisonment, civil liability for damages in connection with the injury or death and/or the loss of the government contract.
The Zone of Special Danger Doctrine dictates that if unique conditions of employment which place an employee in a zone of danger exist, then an accident resulting in injury or death need not be strictly related to job duties in order to trigger DBA benefits.
The Reasonable Recreation Doctrine dictates that an employee’s injury or death in the course of the employer’s furnished, funded or promoted recreational activities triggers DBA benefits. Some non-sponsored activities may also trigger coverage.
These doctrines greatly expand the scope of coverage beyond that of traditional domestic U.S. workers’ compensation.

Work for private employers on U.S. Military bases outside the U.S.
Work on any lands occupied or used by the U.S. for military or naval purposes outside the U.S., including those in U.S. territories and possessions.
Work on public work contracts with any U.S. Government agency, including construction and service contracts outside the U.S.
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 the U.S.
Work for U.S. employers providing welfare or similar services outside of the U.S. for the benefit of the Armed Services, e.g. the United Service Organization (USO).

Today, almost any contract involving a U.S. Government agency, whether military or not in nature, requires DBA coverage.

Contact ISR today to help you write and retain more of your DBA – Specialty business.