The Defense Base Act provides disability, medical, and death benefits to covered employees injured or killed in the course of employment, whether or not the injury or death occurred during work hours.
Compensation for total disability is two-thirds of the employee’s average weekly earnings, subject to a maximum amount based on the current National Average Weekly Wage for the affected period. There is no minimum compensation rate. Compensation is also payable for partial loss of earnings.
Death benefits are half of the employee’s average weekly earnings to the surviving spouse or to one child, and two-thirds of earnings for two or more such survivors, up to the current maximum weekly rate.
Permanent total disability and death benefits may be payable for life, and are subject to annual cost of living adjustments.
Permanent disability and death benefits payable to aliens and non-U.S. residents may be commuted by payment of half of the present value of future compensation, as determined by the OWCP district director.
The injured employee is entitled to medical treatment by a physician of his/her choice, as the injury may require. Medical benefits may not be commuted.
For more detailed information on Defense Base Act Benefits, please refer to “Longshore Injury Benefits.”
