Longshore or Defense Base Act claims should be filed in the Longshore District Office responsible for the geographic area where the injured employee resides or the injury or death occurred in the case of U.S. Longshore cases.

The U. S. Department of Labor, Office of Workers’ Compensation Programs (OWCP), Division of Longshore and Harbor Workers’ Compensation (DLHWC), administers the DBA through eleven district offices located throughout the United States. A federal law judge hears claims that cannot be resolved in a hearing intended to be near the claimant’s place of residence in the U.S.

The Defense Base Act covers civilian workers who:

• Work 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
• Work 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 United States
• Work on contracts approved and funded by the U.S. under the Foreign Assistance Act, which among other things provides for cash sale of military equipment, materials, and services to its allies, if the contract is performed outside of the United States
• Work for American employers providing welfare or similar services outside the United States for the benefit of the Armed Services, e.g. the United Service Organizations (USO)

If any one of the above criteria is met, all employees engaged in such employment, regardless of nationality are covered under the Act.

The DBA is an extension of the Longshore and Harbor Workers’ Compensation Act (LHWCA) and provides compensation and medical benefits to employees and death benefits to eligible survivors of civilian employees of U.S. government contractors who perform work overseas. The DBA generally follows the provisions of the LHWCA.

The LHWCA covers work injuries that occur in maritime work on navigable waters of the United States or in adjoining waterfront areas close to harbors, rivers, or other waters. Employees covered by this Act work in maritime work and include shipbuilders, longshoremen, harbor workers, barge operators, dock repair workers, and any workers performing covered work in a marine terminal. Other civilian workers on military bases inside and outside the U.S. or assisting the U.S. military operations abroad may also be covered by Longshore Act related federal statutes.