Defense Base Act

Division of Longshore and Harbor Workers' Compensation (DLHWC)

Longshore DBA Page

ON THIS PAGE

Welcome to the Division of Longshore and Harbor Workers' Compensation (DLHWC) Defense Base Act (DBA) page. The Defense Base Act provides workers' compensation protection to civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or for national defense. This page contains general information regarding the Defense Base Act that may be of interest to government contracting officials, U.S. government contractors, insurance professionals, covered employees and their families, and others in the workers' compensation claims community.

What's New

• Industry Notice No. 193 - Reopening District Offices and Restating Administrative Case Assignment Procedures
• Industry Notice No. 187 – Defense Base Act (DBA) Waivers
• News Release: OWCP Concludes DBA Penalty Enforcement Action
• OWCP BULLETIN NO. 12-01 (War Hazards Compensation Act (WHCA) and Defense Base Act (DBA) - Ongoing handling of DBA cases accepted for reimbursement under 42 U.S.C. § 1704(a)(1))PDF Version
• Contractors Doing Relief Work in Japan
• Defense Base Act Industry Report Card
• Defense Base Act Case Summary Reports
• Industry Notice No-122 (September 20, 2007 - Transfer of Defense Base Act Cases from the New York Longshore District Office to Other Longshore District Offices)PDF Version

Overview

• Explaining DBA - Basic information about DBA coverage, insurance, benefits, and how to file a claim.
• DEFENSE BASE ACT Frequently Asked Questions (FAQS) - Questions and answers about the DBA.
• DBA Notice to Employees - Handy (one page) reference for contractor employees on how and where to report an injury and to file a claim.

Insurance Information

• Insurance and Waiver (pdf)(htm) - A PowerPoint Presentation about the insurance requirements under the DBA
• DBA Insurance What Is Needed and How to Buy It (pdf)(htm)
• Memo of December 8, 2003, Director, Defense Procurement And Acquisition Policy, Office of the Under Secretary of Defense (pdf)(htm) - Memo of the OSD to all DOD contracting officials affirming the need for DBA insurance on overseas contracts.
• Longshore Authorized Carriers and Self-Insured Employers - A list of all insurance carriers currently authorized by the Department of Labor to provide DBA insurance.

DBA Waivers

• Industry Notice No. 187 – Defense Base Act (DBA) Waivers - New!
• Active and Archived Waivers Lists – by expiration date - New!
• DBA Waiver Request Package: Please provide the following
  • Request for Waiver - Defense Base Act, Form BEC 565 - Print the form that is required to request a Waiver from the Department of Labor. But be sure you have read the "Insurance and Waiver" presentation first! The form must be signed by the head of an agency or department of the United States, or if the employer is the USO or another American employer providing welfare services for the benefit of the Armed Forces with DOD’s authorization, that employer.
  • DBA Waiver Comparison Chart - Fill in the information from the country (or contract) for which a waiver is requested, for each DBA element listed. List the local provision that speaks to each element.
  • English translations of the local workers’ compensation provisions or other relevant law or policy.
  • Website addresses if the information is obtained via the internet.
  • Any other relevant information (such as a memo or letter explaining any differences between the DBA requirements and local workers’ compensation law)

  Benefits and Claims

  • Benefits under the Defense Base Act (pdf)(htm) - A PowerPoint Presentation about what benefits are available to employees and their families in the event of injury or death.
  • National Average Weekly Wage Table - Table showing current and historical maximum and minimum benefit rates under the Longshore Act.
  • Defense Base Act (DBA) jurisdictional boundries - Find the appropriate Longshore District office where your claim should be filed.
  • Longshore District Offices Contact Information - Contact information for all OWCP National Office and District Offices.
  • Longshore Forms - Claim forms and injury reports are available for download at this site.
  • Longshore District Office Flow Chart (pdf) - A schematic diagram showing how claims are processed in the District Office.
  • Settlements and Commutations (pdf)(htm) - A Power Point Presentation about how DBA claims are settled and commuted.

  Law Reference Materials

  • Defense Base Act - the Statute, 42 USC § 1651 et seq.
  • Longshore and Harbor Workers' Compensation Act, the Statute, 33 USC § 901 et seq.
  • Code of Federal Regulations, 20 CFR § 702, Longshore Administration and Procedure
  • Legal Commentary: "The Defense Base Act, A Growth Industry?" by Kerry J. Anzalone, Counsel for Longshore, Office of Administrative Law Judges, U.S. Department of Labor \

  War Hazards Compensation Act Resources

  • The Statute: War Hazards Compensation Act
  • Code of Federal Regulations: 20 CFR Part 61
  • FECA Procedure Manual, Part 4, Chapter 4-0300
  • OWCP Bulletin 05-01, War Hazard Compensation Act-Claims for Reimbursement and Detention Benefit Procedures