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Insurance company responsibilities under the Defense Base Act

| Apr 17, 2018 | Defense Base Act |

In a previous post, we examined employee and employer responsibilities under the Defense Base Act.

In this post, we will look at the responsibilities of the insurance companies.

Insurance carrier responsibilities

U.S. government contractors and subcontractors that employ people overseas must obtain DBA insurance before employees are deployed. Employers purchase the insurance from private insurance companies. 

Here are the insurance carriers’ responsibilities, as outlined by the U.S. Department of Labor’s Office of Workers’ Compensation Programs:

  • Provide education to the employer regarding the Defense Base Act
  • After receiving notice of an injury or death, investigate the claim and determine whether it is covered by DBA insurance
  • Provide reporting and billing instructions to medical providers 
  • Ensure that medical care has been authorized
  • Make the first benefits payment within 14 days of the first day of disability (no compensation is paid if the amount of time lost is three days or less)
  • If the insurance company decides that benefits should be delayed or denied, inform the OWCP within 14 days of the compensation due date
  • File status reports on compensation claims with the OWCP
  • File medical reports with the OWCP to keep it updated on employee medical status and disability status

From October 2016 to September 2017, 12 insurance carriers were involved in DBA cases, according to DBA online records.

How to find a Defense Base Act attorney

Defense Base Act claims can be very complicated, and very few law firms are willing to take DBA cases. If you have been injured overseas while working for a U.S. government contractor or subcontractor, contact an experienced DBA attorney.