Can You Receive Both DBA and LHWCA Benefits?

Can you collect Defense Base Act and Longshore Act benefits at the same time? Not as two separate checks for one injury. The Defense Base Act (DBA) is an extension of the Longshore and Harbor Workers’ Compensation Act (LHWCA), so a DBA claim is paid under Longshore rules and Longshore rates. Where both laws matter is a work history that crosses them, because each injury is judged on where you were working and who you were working for on the day it happened.

I am Mark Hirsch. I handle Defense Base Act claims for civilian contractors and longshore claims for dock and shipyard workers, and this question usually comes from someone who has done both kinds of work. By the end of this you will know what each law covers, how the two connect, what decides which one applies to your injury, and what happens when a work history sits on both sides of the line.

Understanding the Basics: DBA vs. LHWCA

Before diving into the overlap, it’s important to understand what each of these two laws covers:

1. Defense Base Act (DBA)

• An extension of the LHWCA.
• Provides workers’ compensation benefits to civilian contractors injured while working overseas on U.S. military bases or government-funded contracts.
• Covers a wide range of roles, including private security, translators, truck drivers, construction workers, and logistics personnel.

Learn more about our Defense Base Act lawyers and how we help overseas workers.

2. Longshore and Harbor Workers’ Compensation Act (LHWCA)

• Covers maritime workers injured while working on or near navigable waters of the United States.
• Includes longshoremen, harbor workers, shipbuilders, and dockworkers.
• Applies domestically: not internationally.

Get detailed support from our Longshore injury lawyers in Florida.

How Are DBA and LHWCA Connected?

The DBA is actually a federal extension of the LHWCA. That means the procedures and benefits under both laws are similar: including:

• Medical treatment coverage
• Temporary and permanent disability benefits
• Vocational rehabilitation
• Death benefits to surviving dependents

However, the geographical scope and employment context differ, which is where confusion (and sometimes, overlap) can arise.

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Can You Qualify for Both DBA and LHWCA Benefits?

Here’s where it gets nuanced. You may be eligible to file under both if your job role and injury location fall into overlapping categories, but you will not receive duplicate compensation. Instead, one program will typically be primary, and the other may step in as a fallback.

Scenarios Where Overlap Might Occur:

• A maritime worker is contracted by a U.S. government contractor to support military logistics in a foreign port.
• A longshoreman is temporarily assigned to load supplies on ships in support of overseas defense efforts.
• A civilian shipyard worker is injured while preparing vessels for government deployment abroad.

In these cases, the key legal question is: Was your injury tied directly to overseas defense-related work, or to domestic maritime work?

Which Program Takes Precedence?

In almost all cases, if your injury qualifies under the Defense Base Act, your benefits will be processed under the DBA: even if your work also qualifies under the LHWCA.

Why? Because:

• The DBA explicitly incorporates the LHWCA’s procedures.
• The U.S. Department of Labor processes DBA claims using the same mechanisms as LHWCA claims.
• DBA cases often involve higher-risk environments and extended coverage due to overseas deployment.

Limitations to Receiving Both DBA and LHWCA Benefits

You cannot “double dip.” Here are key limitations:

• No duplicate payments: You cannot receive the same benefit under both acts for the same injury.
• Jurisdiction is exclusive: Once you’re deemed eligible under DBA, LHWCA coverage usually does not apply.
• Private insurance restrictions: Some employer-provided insurance policies may limit claims if a federal benefit like the DBA is involved.

What Happens If Your Claim Is Denied Under DBA?

If your DBA claim is denied, and you believe your work also qualifies under LHWCA, your attorney may pursue an alternative claim under LHWCA guidelines. However, this is only possible if your employment and location fit LHWCA definitions (i.e., maritime work on or adjacent to U.S. navigable waters).

Key Takeaways for Injured Workers

If you’re unsure whether your case qualifies under the Defense Base Act, the LHWCA, or both, here’s what to keep in mind:

• You cannot receive full benefits from both laws simultaneously.
• DBA claims generally take precedence due to their broader protections for overseas contractors.
• Work location and contract type are the most important factors.
• Accurate classification of your employment is critical for proper benefits.

Why Choose Templer & Hirsch?

We understand the complexity of federal compensation systems and how they apply to overseas contractors, maritime workers, and longshoremen. Our team:

• Has decades of experience in federal injury law
• Handles both maritime injury cases and international contractor claims
• Works directly with injured workers and their families to recover full benefits

If you or someone you love has been injured while working under a U.S. contract, domestically or abroad, we can help you understand your rights and pursue your full compensation.

Contact Templer & Hirsch Today

Understanding your rights under both the Defense Base Act and the Longshore and Harbor Workers’ Compensation Act can make a significant difference in your recovery and financial future.

Schedule a consultation at templerhirsch.com or call us directly to speak with an attorney experienced in both DBA and longshore injury settlements.

This is general information, not legal advice; consult an attorney about your situation.