Defense Base Act Lawyers Blog

If you are an injured employee who qualifies under either the Defense Base Act or the Longshore and Harbor Workers' Compensation Act, you are entitled to receive a weekly compensation check from your employer's insurance company if you are on no work or light duty (when your employer has no light duty).

The amount of an injured employee's weekly compensation check is generally equal to two-thirds (2/3) (that is, approximately 66%) of the employee's average weekly earnings. Regardless of how high the employee's earnings are, however, the weekly compensation check cannot exceed the amount reflected in the table below.

The following is a table reflecting both the maximum and minimum amounts that an injured employee is entitled to receive per week for injuries occurring through September 30 of this year and going back to October 1, 1974.

The Defense Base Act is a specific set of Federal laws that have been in place since 1941. These laws are codified at 42 U.S.C. §§1651-1654. These laws establish a special workers' compensation program that provides for medical treatment and lost wages for individuals injured during the course of their employment aiding our troops at or near United States Military defense bases and installations overseas. "Overseas" means outside of the fifty States, including United States territories and possessions.

The Defense Base Act covers workers in war zones such as Iraq and Afghanistan, as well as at or near these United States Military Installations and Allied Foreign Military Installations supporting United States Military personnel:

Army

Belgium

Brussels - United States Army Garrison
Casteau - Supreme Headquarters Allied Powers Europe (SHAPE)
Chièvres - United States Army Garrison Benelux

Germany

Ansbach - United States Army Garrison
Bamberg - United States Army Garrison
Baumholder - United States Army Garrison
Garmisch - United States Army Garrison
Grafenwoehr / Vilseck - United States Army Garrison
Heidelberg - United States Army Garrison Baden-Württemberg
Hohenfels - United States Army Garrison
Kaiserslautern - United States Army Garrison
Landstuhl - United States Army Garrison
Mannheim - United States Army Garrison Baden-Württemberg
Schweinfurt - United States Army Garrison
Stuttgart - United States Army Garrison
Wiesbaden - United States Army Garrison

Italy

Livorno - United States Army Garrison (Camp Darby)
Vicenza - United States Army Garrison (Camp Ederle)

Japan

Kanagawa - United States Army Garrison (Camp Zama)
Okinawa - United States Army Garrison (Torii Station)

Korea

Anjung-ri - United States Army Garrison (Camp Humphreys)
Daegu - United States Army Garrison (Camps George, Henry and Walker)
Dongducheon - United States Army Garrison Casey (Camps Castle, Castle
North, Mobile and Hovey)
Seoul - United States Army Garrison Yongsan
Uijeongbu - United States Army Garrison Red Cloud (Camps Stanley and
Jackson)
Waegwan - United States Army Garrison (Camp Carroll)

Netherlands

Schinnen - United States Army Garrison

Puerto Rico

Guaynabo - Fort Buchanan

Navy

Bahrain

Manama - Naval Support Activity

Cuba

Guantanamo Bay - Naval Station (GTMO)

Guam

Santa Rita - Naval Base

Greece

Souda Bay - Naval Support Activity

Italy

Naples - Naval Support Activity
Gaeta - Naval Support Activity Naples Department (NSAND)
Sigonella, Sicily - Naval Air Station

India

Diego Garcia Island - Navy Support Facility

Japan

Atsugi - Naval Air Facility
Sasebo - United States Fleet Activities
Yokosuka - United States Commander Fleet Activities (CFAY)

Korea

Chinhae - United States Commander Fleet Activities (COMFLEACTS)
Port of Singapore Authority Sembawang - Naval Regional Contracting
Center

Spain

Rota - Naval Station

Air Force

Germany

Büchel - Air Base
Ramstein - Air Base
Spangdahlem - Air Base
Teveren - Geilenkirchen NATO Air Base

Guam

Yigo - Andersen Air Force Base

Hungary

Pápa - Air Base

Italy

Aviano - Air Base
Ghedi - Air Base

Japan

Fussa - Yokota Air Base
Okinawa - Kadena Air Base
Misawa - Air Base

Korea

Gunsan - Kunsan Air Base
Pyongtaek - Osan Air Base

Netherlands

Uden - Volkel Air Base

Norway

Stavanger - Air Base

Portugal

Lajes - Lajes Field Air Base

Spain

Morón de la Frontera - Morón Air Base

Turkey

Ankara - Office of Defense Cooperation
Incirlik - Air Base
Izmir - Air Station

United Kingdom

Alconbury - Royal Air Force Base
Brackley - Royal Air Force Base Croughton
Mildenhall - Royal Air Force Station
Fairford - Royal Air Force Base
Lakenheath - Royal Air Force Station
Harrogate - Royal Air Force Station Menwith Hill
Molesworth - Royal Air Force Base
Upwood - Royal Air Force Base

Marine Corps

Japan

Iwakuni - Marine Corps Air Station
Okinawa - Marine Corps Base Camp Smedley D. Butler (Camps Courtney,
Foster, Gonsalves, Hansen, Kinser, MCAS Futenma, Schwab)

Injured employees qualifying under the Defense Base Act are entitled to certain workers' compensation benefits. The types of benefits provided to injured employees are disability and medical benefits. Additionally, if the employee is unfortunately killed or later dies as a result of complications from injuries sustained, the employee's dependent family members are entitled to death benefits. Dependent family members are typically the deceased employee's spouse and any children still living at home. This includes children that are away from home but studying for an undergraduate degree at college. Dependent family members may also include parents, siblings, etc. living at the deceased employee's home and dependent on the deceased employee for support.

Disability benefits relate to the employee's injuries. Injuries may be either partial or total and either temporary or permanent. Thus, an employee's injuries may be a combination of either temporary partial or temporary total, or permanent partial or permanent total. An example of a partial injury would be the employee's loss of use of one of his or her hands, whereas a total injury would be the loss of use of both hands. A temporary injury is one where the employee's disability may be corrected over time through proper medical care, whereas a permanent injury can never be corrected, despite medical intervention.

An employee who is totally disabled is entitled to lost wage benefits equaling two-thirds (2/3) (that is, approximately 66%) of the employee's average weekly earnings. Regardless of the employee's regular wage amount, however, his or her weekly disability check cannot exceed $1,295.20. Depending on the facts of the case, lost wage benefits for permanent total disability may be payable to the injured employee for the rest of his or life. Such lifetime payments are subject, however, to annual adjustments (whether up or down) based on economic factors affecting the cost of living.

In cases involving the death of an employee, the death benefits to which the deceased employee's family is entitled are determined according to the number of dependent family members. If there is only one (1) dependent family member, the death benefits will be equal to fifty percent (50%) of the employee's average weekly earnings. If there are two (2) or more dependent family members, the death benefits will be equal to two-thirds (2/3) (that is, approximately 66%) of the employee's average weekly earnings. Regardless of the deceased employee's regular wage amount, however, death benefits cannot exceed $1,295.20 per week for injuries occurring after October 1, 2011. Depending on the facts of the case, death benefits may be payable to the deceased employee's family members for the rest of their lives. If there is more than one dependent family member, the death benefits will be payable until the death of the last surviving family member.

Workers qualifying under either the Defense Base Act or the Longshore and Harbor Workers' Compensation Act are entitled to mileage reimbursement if they must use their personal automobiles for performing duties directly related to their employment or for traveling back and forth for approved medical treatment related to their injuries.

Following is a list of applicable mileage reimbursement rates for personal automobiles for the years 2001 through 2012, arranged according to the dates on which the rate changes went into effect: