Defense Base Act Workmans Compensation is No Guarantee
Posted by defensebaseactcomp on April 13, 2009
Most employees assume that the Defense Base Act coverage will provide medical care, lost wages, and/or death benefits in the event they are injured and/or killed working overseas in a war zone.
Those that know they are covered by it that is.
The intent of the Defense Base Act was just that.
The Defense Base Act has been put in the hands of insurance companies, mainly AIG, CNA, and their ruthless lawyers.
The Department of Labor, who is tasked with implementation and oversight of the DBA, has been out to lunch.
Your employer is not required to provide as safe a workplace as possible under this act.
The injured employee is guaranteed nothing. They may file a claim with the insurance company. They may hire a lawyer who is supposed to be covered by the insurance company. There is some effort as of late to push this responsibility onto the injured employee.
The Defense Base Act though written in black and white is “interpreted” by judges to mean whatever they think it should at any given time. There is a constant evolution of what is considered to be the Defense Base Act even though neither the Defense Base Act itself, or it’s intention, has been changed by Congress as would be required.
If your thinking of going to work in a war zone please think of how your going to take care of yourself and your family for the many years it may take you to get anything out of the insurance company.