For the last six weeks, military installations within the Middle East have experienced an exponential rise in war-risk hazards due to the ongoing hostilities between the United States, Iran, and Israel. On many of these installations are career military contractors who previously sustained Defense Base Act-covered injuries that were resolved via settlement or an administrative law judge’s decision. A question we have recently begun fielding is whether contractors who resolved a prior DBA claim and returned to work may file a new DBA claim for injuries sustained to the same previously injured body part during recent hostilities. The short answer is yes. The Aggravation Rule The DBA recognizes that injuries that previously resolved can become aggravated by subsequent events. Under the “aggravation rule,” where an employment-related injury contributes to, combines with, or aggravates a pre-existing disease or underlying condition, the entire resultant condition is compensable; the relative contributions of theRead more
DBA Benefits for Psychological Injuries in the Iran Conflict
With so many contractors in danger from Iranian attacks, it is time again to consider psychological injuries under the Defense Base Act. It does not matter if the injury occurs at a remote military base halfway across the world or one of the largest airfields in an ally country, psychological injuries are covered. The Defense Base Act (or DBA) pulls most of its laws from the Longshore and Harbor Workers’ Compensation Act. That means most of the same laws that apply in a longshore, shipbuilding, or ship repair setting also apply to employees of military contractors. Moreover, it does not matter if the injured employee is a citizen of the United States. Although there are some pragmatic differences in the way U.S. and foreign national employees are treated–differences that are best discussed in a phone call–the law applies to foreign national employees equally for the most part. The Statutory FoundationRead more
