Defense Base Act Policy

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Defense Base Act Policy

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When U.S.-based businesses are awarded federal government contracts for certain overseas projects, they are required to have a special type of workers’ compensation insurance for their employees. The Defense Base Act provides the framework for this required coverage. The Defense Base Act extends benefits payable under the U.S. Longshore and Harborworkers' Compensation Act to covered civilian employees working outside the U.S.

ACE USA is a Department of Labor-approved provider of Defense Base Act (DBA) insurance.

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Businesses That Need This Insurance

The Defense Base Act applies to and covers the following employees. If any one of the following criteria is met, all employees engaged in such employment, regardless of nationality, would be covered under the Defense Base Act.

Working for private employers on U.S. military bases or on any lands used by the U.S. for military purposes outside of the United States, including those in U.S. Territories and possessions
Working on public work contracts with any U.S. government agency, including construction and service contracts in connection with national defense or with war activities outside the U.S.
Working on contracts approved and funded by the U.S. under the Foreign Assistance Act, generally providing for cash sale of military equipment, materials, and services to its allies, if the contract is performed outside of the United States
Working for American employers providing welfare or similar services outside of the United States for the benefit of the Armed Forces, e.g. the USO

Industries and employees that can be subject to the Defense Base Act include U.S.-based businesses with federal government contracts for projects overseas:

Engineers
Project Managers
Consultants
Facilities Support Management Services
Logistical Support Services
Information Technology Providers

Defense Base Act Coverage

The Defense Base Act adopts the provisions of the Longshore and Harbor Workers' Compensation Act (LHWCA) with but a few exceptions. The insurance requirements for the DBA are identical to those found in the LHWCA.

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