Workers' Compensation News

Defense Base Act Workers' Compensation Insurance Coverage

All U.S. government contractors and subcontractors working outside the United States must secure workers' compensation insurance for their civilian employees, including U.S. citizens, as well as third-country and local nationals. This insurance is referred to as "Defense Base Act" (DBA), named after the 1941 legislation that establishes the coverage requirements. Reconstruction contracts in Iraq are potentially attractive for U.S. firms but they also contain a certain element of risk, which makes it critical that contractors clearly understand DBA requirements before agreeing to an overseas assignment.

For example, even a subcontractor sending only two employees overseas for a short period of time must provide coverage. Subcontractors need to make sure that the main contractor has them covered and, if not, they need to carry the insurance themselves. Generally, a waiver may be granted by the U.S. Department of Labor in order to exclude local nationals from DBA coverage. At this time, however, the waiver is not available for Iraq because there is no existing local workers' compensation law in Iraq to provide coverage for the local and third country national employees.

With regard to price, the risks associated with working in Iraq make the cost for DBA insurance higher than normal domestic workers' compensation. The price will differ from one area to another according to the overall level of security in a given spot. Additionally, total price will depend on the number of employees deployed and the type of assignment being carried out for the U.S. government. DBA benefits include: Medical Treatment, Loss of Wages Reimbursement, Disability and Death Benefits. Among the first steps a U.S. company pursuing business in Iraq should take is to contact a broker familiar with DBA insurance. Contractors should use an insurer that has a strong local or at least regional overseas office network; in the case of an accident that results in a claim, it is imperative that the carrier be able to react to the situation as quickly as possible.

If you have suffered personal injuries or emotional distress due to the negligence of workers compensaton laws in New Mexico, contact our Workers Compensation lawyer now and obtain a free case evaluation.

	Did You Know?
	OSHA has developed final "Guidelines for Preventing Workplace Violence OSHA has developed final "Guidelines for Preventing Workplace Violence for Health Care and Social Service Workers" and draft guidelines for night retail establishments. The intent of the guidelines is to educate employers on finding ways to provide a more secure work environment. Consequently, OSHA hopes that employers will voluntarily implement workplace violence protection programs. Workplace violence has emerged as an important safety issue in today's workplaces. According to the Bureau of Labor Statistics (BLS) fatality data, assaults and violent acts caused 20 percent of the fatal occupational injuries in the United States in 1994.