Can You Receive Both DBA and LHWCA Benefits?
Navigating workplace injury claims can be overwhelming—especially for maritime workers, longshoremen, and overseas contractors injured while supporting U.S. military operations. Many injured workers often ask: Can you receive both Defense Base Act (DBA) and Longshore and Harbor Workers’ Compensation Act (LHWCA) benefits?
The short answer: sometimes, but it depends on the specific nature of your work, where the injury occurred, and how your employment is classified.
At Templer & Hirsch, our attorneys specialize in both Defense Base Act claims and longshore injury settlements, providing clarity and guidance for clients who may fall into overlapping legal categories. Here’s what you need to know.
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.
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.
