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Defense Base Act

Established in 1941, the DBA was created to cover workers on military bases working outside of the U.S. and was later amended to include public works contracts with the U.S. Government for the building of non-military projects such as dams, schools, harbors and roads overseas. Today, almost any contract involving an U.S. Government agency, whether military or not in nature, requires DBA coverage. As more U.S. and foreign-based corporations, schools and universities enter into relationships with the U.S. Government for a variety of public works projects, DBA coverage is as vital as ever before. We are uniquely qualified to work with you to navigate through this complex area. We have a dedicated claims staff with offices around the world and the ability to respond quickly to any claims falling under DBA.

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  • There are five provisions in the current version of the Defense Base Act that prompt coverage:
    1. Any employee working on a military base or reservation outside the U.S.
    2. Any employee engaged in U.S. Government funded public works business outside the U.S.
    3. Any employee engaged in public works or military contract with a foreign government which has been deemed necessary to U.S. National Security
    4. Those employees that provide services funded by the U.S. Government outside the realm of regular military issue or channels
    5. Any employees of any sub-contractors of the prime or letting contractor involved in a contract like numbers 1 - 4 above
  • Two doctrines, known as the Zone of Special Danger and Reasonable Recreation, are central to the expansive nature of coverage under DBA. The Zone of Special Danger doctrine dictates that where there exists unique conditions or circumstances of employment which place an employee in a zone of danger, then an accident resulting in injury or death need not be strictly related to job duties in order to trigger DBA benefits. The Reasonable Recreation doctrine dictates that an employee’s injury or death in the course of the employer’s furnished, funded or promoted recreational activities triggers DBA benefits. Some non-sponsored activities may also trigger coverage. Please note that these two doctrines taken together greatly expand the scope of coverage beyond that of traditional domestic U.S. workers’ compensation. Government contractors are generally required by law to obtain DBA coverage for their employees. Failure to obtain DBA coverage may carry stiff penalties such as fines or imprisonment, civil liability for damages in connection with the injury or death and/or the loss of the government contract.
 

WorldSource provides comprehensive global solutions to meet the property, casualty and specialty risk needs of U.S. and Canadian-based companies operating overseas and foreign-based companies operating in the U.S. and Canada. 
 
WorldSource offers insureds specialized support for a variety of claims including domestic and foreign primary casualty, domestic and foreign property, product recall, trade credit, kidnap and ransom/extortion and political risk with claims offices in New York, Dallas, Dubai, Istanbul, San Juan, Croydon and Manchester. A vetted network of personnel and vendors are available to assist in adjusting local losses in the Middle East and Southeast Asia to assist in losses specific to those regions.

Drawing on the extensive experience of our claims professionals, their in-depth knowledge of local laws and regulations and an established and proven network of accounting, litigation and loss control experts in Afghanistan, Bahrain, Egypt, India, Iraq, Jordan, South Korea, Kuwait, Lebanon, Pakistan, Qatar, Saudi Arabia, Turkey and the United Arab Emirates, we are able to effectively and efficiently manage specialized claims around the world, immediately report covered claims in-country and issue claim payments in the country and currency that works best for our clients.

We utilize IntelliRisk® Advanced, a web-based claims analysis and inquiry system, providing forecasting, allocation, communication, reporting and querying tools for companies of all types and sizes worldwide.  Data reporting can be tailored specifically to a multinational client’s needs, with reports able to be generated in multiple currencies and custom layouts.

U.S. nationals, local country nationals or third country nationals are covered under the DBA. Waivers can be granted, but they need to follow certain criteria and only the U.S. Secretary of Labor is able to authorize a waiver.

Key points about obtaining waivers include: 

Class of the employee must have available alternate means of compensation such as employers’ liability, workers’ compensation or Social Security. 
 
Waivers cannot be requested for U.S. citizens or those employees hired inside the U.S. 

The U.S. Government agency letting the contract must recommend that such a waiver be granted. 

The U.S. Government agency or department head letting the contract must file an application with the U.S. Department of Labor. 

No waivers have been granted for Iraq or Afghanistan.

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Recognizing the vital protection provided by DBA, WorldSource has the ability to provide the following coverages:

Medical and travel assistance services provided by Travel Guard, a Chartis company, 24-hours-a-day, 365-days-a-year, in multiple languages for medical and legal referrals and emergency message services. 

Accidental death & dismemberment (AD&D) coverage for all covered employees 24-hours-a-day, 365-days-a-year. 

Travel accident insurance including AD&D coverage for accident and emergency, medical, medical evacuation and repatriation of remains for non-DBA related accidents, sickness or emergencies.

Kidnap and ransom/extortion coverage is available for U.S. and third country nationals. Coverage is included for wrongful detention, hijacking, kidnap, ransom and extortion incidents. Covered losses include ransom monies, consultant expenses and judgments, settlements and defense costs.