Dispelling/Confirming some Defense Base Act Myths July 20, 2008Posted by Aaron Walter in Uncategorized.
Tags: attorneys, citizenship, FCE, foreign nationals, IME, mileage
1 comment so far
1. The Defense Base Act only applies to US Citizens
FALSE – The DBA applies both to US Citizens and to foreign nationals. So long you were injured while working for a company contracting directly with the US government (usually the Department of Defense) that is in some way providing support to the US military or contributing to efforts that could be construed as supporting the national security interests of the US, you are likely covered by the Act. We have been witness to recent efforts by some insurers to forcibly apply less beneficial foreign Workers’ Compensation systems from the Middle East to some of these injured employees. Be aware of your rights and be prepared to stand up for them.
2. My benefits can be cut off I fail to go to an IME or FCE
Tags: foreign nationals, human trafficing, Iraq, KBR
add a comment
I came accross this July 11, 2008 story from the Washington Business Journal.
It tells the sad tale of 12 men from Nepal hired by KBR subcontractor, Daoud & Partners to work in a luxury hotel in Jordan. Unfortunately, these men were forcibily re-directed, if not kidnapped, by the subcontractor and sent to Iraq to serve as cheap labor at US military bases. In an even more unfortunate turn of events, the men were kidnapped by insurgents and eventually killed.
The case is a good example of how wide the reach of the Defense Base Act really. It does not merely provide coverage for workers ON military bases. It covers all employees of contractors working for/with the US government, including both US Citizens and foreign nationals.
One thing to note though is that whether you are from Nepal, Germany, Russia, or Houston, Texas, the DBA provides that your weekly benefits will be paid in US dollars. Given the state of the US Dollar, that isn’t always a good thing.