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Defense Base Insurance

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DBA; Georgia

It is implied that DBA Insurance is convoluted insurance that only government and defense contractors’ agents and brokers are familiar with. In an effort to dispel certain misconceptions, we’ve included  FAQs in the event they are helpful in setting the record straight. DBA Insurance is considered workers’ compensation insurance for civilian employees is working on US military bases or under contract with the US government for public works or national defense. Employers, subcontractors, and subordinate contractors must get this.

Is there any legitimate method to go without buying Defense Base Act insurance?

Yes. Local workers may be eligible for a waiver, but in the absence of local workers’ compensation legislation, the waiver will be null and void, and Defense Base Act insurance will need to be procured.

What is Public Work?

The Act defines “public work” as any improvement that is either permanently installed or constructed, modified, removed, or repaired for the benefit of the general public in the United States or its allies. However, the building is not the only type of “public work” that exists. Everything from service contracts to projects for the military is fair game.

According to our contracting officer, DBA insurance is not necessary. Is it still the case that we are responsible for this even if they notified us?

To the extent that the Act is applicable, then yes. You should still get Defense Base Act coverage for your business. The contractor is solely responsible for obtaining insurance. The insurance agent or broker, contracting officer, contracting agency, Department of Labor, and State Assigned Risk Pool are exempt from liability for securing coverage. The contractor shall be fully liable for any damages that may occur.

Should we consider other insurance in addition to Defense Base Act insurance?

It’s not required, but it’s a good idea to think about. Business travel accident insurance, kidnap and ransom insurance, and life insurance are common supplemental policies, but they are not mandated by the Act (with war),

What does DBA provide in the form of “Benefits”?

Covered employees who sustain injuries in the course of or as a result of their employment are eligible for disability and medical benefits under the Defense Base Act, and the survivors of employees who are killed on the job or due to work-related causes are eligible for death benefits under the same law.

To whom and when does the Defense Base Act NOT apply?

To the extent that an employee is covered by the Federal Employees’ Compensation Act, the Defense Base Act does not apply to that employee’s injury or death; to the extent that an employee is engaged in agriculture, domestic service, or any employment that is casual and not in the usual course of the trade, business, or profession of the employer; and to the extent that a master or member of a vessel’s crew is not covered by the Defense Base Act.

Does DBA only apply to US Citizens?

No. Each and every employee who is being compensated as a result of this contract is subject to it. Foreign nationals and native nationals – Everyone, regardless of citizenship, is eligible to get DBA benefits. U.S. citizens and residents, nationals of the country of employment (local hires), and nationals of any other countries working abroad on a U.S. government contract should all have health insurance (hired from another country to perform work in the host country). Puerto Rico is covered under the Defense Base Act as part of its scope.

The Act does not apply to work done under a grant or cooperative arrangement.

Insurance premiums are covered by the contract and will be reimbursed according to the terms laid out.

Employees working on US military sites or under a government contract for public works or national defense outside the US must be provided with DBA insurance. Employees who are not officially on the payroll of the company but are nevertheless performing work on behalf of that business can benefit from DBA Insurance. The subcontractor cannot assign the work to a sub-subcontractor and have them covered by the DBA’s insurance. Every employer (including contractors and subcontractors) subject to the DBA’s insurance requirements must either get insurance to cover the cost of workers’ compensation claims or demonstrate that they are exempt from the provisions of the Act and are therefore self-insured. If a subcontractor fails to take responsibility for ensuring that compensation is paid, the prime contractor is responsible for doing so.

Private insurance plans can be a nice addition, but they can’t replace the required DBA insurance. Life insurance for relatives who are not considered dependents under the Act is one type of supplemental insurance that could be considered in addition to DBA. DBA insurance needs to be taken into account anytime an international contract is given out. Any civilian employee working on a US military post overseas or under a government contract for public works or national defense must be provided with DBA insurance.