Defense Base Act Insurance: A Closer Look At the Claims Process and Timeline

Defense Base Act Insurance: A Closer Look At the Claims Process and Timeline

Jan 17, 2025 | Defense Base Act

Civilian contract work on overseas government projects is incredibly important. And yet, it can also be incredibly dangerous. Workers face significant risks, from injuries to life-threatening conditions.

Defense Base Act insurance provides vital protection for contractors, ensuring they have access to benefits if something goes wrong. But how does the claims process work, and what can you expect along the way?

Today we’re taking a closer look at Defense Base Act insurance, including the claims process, expected timeline, and the benefits it offers to international workers.

Defense Base Act Claims

A claim can be filed under the Defense Base Act if an injury, illness, or fatality happens during employment on a U.S. government contract overseas. The incident does not need to occur on a military base. It can happen while performing any job-related task.

It includes construction work, transportation, or security duties. Even non-combat injuries, such as falls, vehicle accidents, or illnesses from environmental conditions, are covered.

What Is Required to Start the Claims Process

Filing a claim begins with reporting the injury or illness to the employer. Workers must provide details of the incident and seek immediate medical attention.

Documentation is essential, as it supports the claim. It includes medical records, reports of the incident, and proof of employment under an overseas contract.

How the Claims Process Progresses

Once the claim is filed, the employer submits the necessary forms to their insurance provider. The insurance company then reviews the claim and assesses eligibility for Defense Base Act benefits.

The process includes verifying the incident, reviewing medical evidence, and confirming the worker’s status under the law. Workers may need to attend medical evaluations to determine the extent of their injury.

Steps to File a Defense Base Act Claim

Filing a Defense Base Act claim involves several steps that workers and employers must follow. Each step plays an important role in ensuring that injured employees receive the benefits they deserve.

There are three main steps to understand in this process:

  • Reporting the injury or illness
  • Submitting the proper documentation
  • Following through with medical evaluations and insurance reviews

Reporting the Injury or Illness Promptly

The first step is to report the injury or illness to the employer as soon as possible. It should happen immediately after the incident or once symptoms develop.

Delays in reporting can make the claims process more difficult and may lead to challenges with receiving benefits. Workers should clearly explain how the incident happened and ensure that all details are recorded. Employers are then responsible for reporting the incident to their Defense Base Act insurance provider.

Submitting the Proper Documentation and Forms

Once the incident has been reported, workers need to complete Form LS-203, which is the Employee’s Claim for Compensation. The form requires basic details about the worker, the injury or illness, and how the incident occurred.

Alongside this form, medical reports and other supporting documents should be submitted to strengthen the claim. Employers are also required to file additional forms, such as LS-202, to notify the insurer of the incident. Proper documentation helps move the claim forward efficiently.

Medical Evaluations and Insurance Reviews

After the initial forms are submitted, the insurance company will review the claim to determine eligibility for Defense Base Act benefits. The review includes verifying employment details, assessing medical records, and possibly scheduling medical evaluations.

Workers should attend all medical appointments and provide accurate information about their condition. The insurer uses this information to decide the level of benefits, including medical coverage and compensation for lost wages.

The Timeline for Defense Base Act Insurance Claims

Each stage of the process comes with its own timeframe and requirements. There are three main parts of the timeline to consider:

  • Reporting the incident and filing the claim
  • The insurer’s review and investigation
  • Receiving benefits after approval

Reporting the Incident and Filing the Claim

The claims process begins with reporting the injury or illness. Workers must notify their employer as soon as possible, often within 30 days of the incident or from when symptoms first appeared.

The employer then submits the report to the insurance provider. After this step, the worker must file Form LS-203 to officially start the claim. This initial stage typically takes a few days to a week, depending on the worker’s and employer’s response times.

The Insurer’s Review and Investigation

Once a claim is filed, the Defense Base Act insurance provider begins reviewing the case. The insurer will evaluate medical records, employment details, and other supporting documents.

This step can take several weeks, especially if additional medical evaluations are needed. Workers are encouraged to stay in contact with their employer and insurer during this time to avoid delays.

Receiving Benefits After Approval

After the insurer finishes the review, they decide whether to approve the claim. If approved, workers may begin receiving Defense Base Act benefits, such as medical care and compensation for lost wages. Benefits can often begin within two to four weeks after approval, though the exact timeline depends on the specifics of the case.

The Benefits of Defense Base Act Coverage

One of the primary benefits of Defense Base Act coverage is access to medical care for injuries or illnesses sustained while on the job. It includes treatments, hospital stays, surgeries, and rehabilitation. Workers are also entitled to follow-up care until they have recovered or reached a stable condition.

Workers unable to return to their duties due to injuries or illnesses can receive compensation for lost wages. The Defense Base Act benefits provide payments that are calculated based on a percentage of the worker’s average weekly earnings. It ensures they continue to have financial support while recovering.

If a work-related incident results in a fatality, Defense Base Act insurance offers compensation to the worker’s dependents. Benefits may include ongoing payments to spouses, children, or other eligible family members, helping them cope with the loss of income.

International Worker Insurance

Defense Base Act insurance provides essential protection for overseas workers, offering medical care, wage replacement, and support for families in times of need.

At Barnes Law Firm, we’re dedicated to representing individuals injured by others’ negligence in Texas, across the U.S., and worldwide. With decades of experience and a strong reputation, our team of lawyers, paralegals, and staff work tirelessly to protect your rights, solve legal challenges, and help you regain normalcy after serious injuries.

Get in touch today to find out how we can help with your DBA needs.