What do surviving families get under the Defense Base Act? When a civilian contractor dies from a covered overseas injury, the Defense Base Act pays the family weekly death benefits based on the worker's wages, plus up to $3,000 in funeral costs. A surviving spouse or one child receives 50% of the worker's average weekly wage, and two or more survivors share two-thirds (66 2/3%). Every award is capped at the Longshore program's maximum weekly rate, which the U.S. Department of Labor reset to $2,082.70 for the year running October 1, 2025 through September 30, 2026.
We are Templer & Hirsch, Injury Lawyers, based in Aventura, in South Florida, and we represent the families of civilian contractors in Defense Base Act and Longshore claims across the country. The Defense Base Act is a federal program, so these rules work the same way whether the family lives in Florida, Texas, or overseas. If you are just starting out, our step-by-step guide to filing a DBA claim covers the full process, and this post focuses on the death-benefit side of it.
Key takeaways
- Defense base act benefits for survivors go out in a set order: a surviving spouse and children first, and if there are none, dependent parents.
- A spouse or one child receives 50% of the worker's average weekly wage. Two or more survivors receive two-thirds (66 2/3%), with each added child counting for another 16 2/3%.
- Per the U.S. Department of Labor, every death-benefit award is capped at the Longshore maximum weekly rate, $2,082.70, for October 1, 2025 through September 30, 2026 (National Average Weekly Wage $1,041.35). The DBA has no minimum rate.
- Funeral and burial costs are covered up to $3,000.
- The family gives written notice within 30 days on Form LS-201, then files the death-benefit claim within one year on Form LS-262 with the Department of Labor's Jacksonville office.
Who Qualifies as a Survivor Under the Defense Base Act
Survivors get paid in a set order, and a surviving spouse and children come first. The Defense Base Act (DBA) is a federal workers' compensation law for civilian contractors working for or alongside the U.S. government overseas. It runs on the rules of the Longshore and Harbor Workers' Compensation Act (LHWCA), so the death-benefit rules are the LHWCA's rules, administered by the Department of Labor's Office of Workers' Compensation Programs (OWCP).
Here is the order the law follows:
- A surviving spouse. A widow or widower is the first eligible survivor. Benefits continue for life or until the spouse remarries.
- Children. A child qualifies up to age 18, or up to age 23 while a full-time student, and longer if the child cannot support themselves because of a disability.
- Dependent parents, then other dependents. If there is no eligible spouse or child, the law looks to dependent parents, and after that to other dependents such as grandchildren, siblings, or grandparents who relied on the worker for support.
The death has to trace back to a covered injury. If a contractor is killed in an incident overseas, or later dies from a work injury, the family can claim. To see how a covered DBA injury differs from a state workers' comp injury, our newsletter on the key differences between workers' compensation and the Defense Base Act breaks it down.
How Survivor Compensation Is Structured
DBA death benefits are a percentage of the worker's average weekly wage, not a flat check. One survivor receives 50% of that wage. Two or more survivors receive two-thirds (66 2/3%), split among them, with each additional child adding 16 2/3% up to that ceiling. The starting point is the worker's average weekly wage, which counts base pay plus overtime, hazard pay, and the overseas allowances that make contractor paychecks large. Getting that wage figure right is the single biggest factor in the size of a family's benefit, and it is worth having an attorney confirm the math. We explain how that number is built in our guide to how Defense Base Act benefits are calculated.
| Who survives | Weekly death benefit |
|---|---|
| A surviving spouse alone, or one child alone | 50% of the worker's average weekly wage |
| Two or more survivors (for example, a spouse and a child) | 66 2/3% of the average weekly wage, shared among them |
| Each additional child | Adds 16 2/3%, up to the 66 2/3% total |
| A surviving spouse who remarries | A one-time lump sum of two years of benefits, then payments continue to eligible children |
Whatever the mix of survivors, the weekly total cannot go above the federal maximum described next. (Source: LHWCA death-benefit provisions applied through the Defense Base Act, per the U.S. Department of Labor. Confirm current details before relying on them.)
The 2026 Maximum That Caps Every Award
Every DBA death benefit is capped at the Longshore program's maximum weekly compensation rate, and for the current year that cap is $2,082.70. The Department of Labor sets it each year at twice the National Average Weekly Wage (NAWW), and it adjusts every October 1 under Section 10(f) of the LHWCA.
The current numbers, from the Department of Labor's rate bulletin for the period October 1, 2025 through September 30, 2026, are:
- National Average Weekly Wage: $1,041.35 (fiscal year 2026).
- Maximum weekly compensation rate: $2,082.70, the ceiling on a DBA death-benefit award.
- Annual increase: a 4.18% Section 10(f) cost-of-living adjustment took effect October 1, 2025.
One point that trips people up: the Defense Base Act has no minimum weekly rate. The Longshore minimum rate does not apply to DBA cases. And because the cap changes every October 1, the figure that governs an award depends on the dates in play, so always check the current rate with the Department of Labor. These rates were verified against the U.S. Department of Labor's published figures as of July 2026.
Funeral Expenses and Survivors Living Outside the United States
The Defense Base Act pays reasonable funeral and burial expenses up to $3,000, on top of the weekly benefits. That is a separate, one-time amount, and the Department of Labor lists it in its DBA guidance.
There is also a special rule for survivors who live outside the United States. Many contractors are foreign nationals, and their families may live abroad. Under the LHWCA, when an eligible survivor is not a U.S. resident and not a resident of Canada, the Department of Labor may convert future weekly payments into a single lump sum, set at one-half of the commuted (present) value of those payments. It is a rule worth flagging early, because it changes how a family overseas is paid. Confirm how it applies to your situation with the Department of Labor or an attorney.
How to File a DBA Death Benefit Claim
You file a DBA death benefit claim in two steps: written notice, then the formal claim. First, give the employer written notice of the death within 30 days, using Form LS-201 (Notice of Employee's Injury or Death). Second, file the claim for death benefits within one year of the death, using Form LS-262 (Claim for Death Benefits), with the Department of Labor's OWCP office in Jacksonville, Florida, which handles these filings.
A few things make the process go more smoothly:
- Gather the wage records. Pay stubs, the contract, and proof of overtime, hazard pay, and allowances all feed the average weekly wage the benefit is built on.
- Document the relationship. Marriage and birth certificates, and proof of dependency for parents or other dependents, establish who qualifies.
- Watch the deadlines. The 30-day notice and the one-year claim are firm. Missing them is one of the most common reasons a claim runs into trouble, a theme we cover in 6 reasons your DBA claim might be denied.
On money, we do not quote an "average" DBA death benefit, because there is no honest single number. The award is a percentage of the worker's own average weekly wage, capped at the federal maximum, and adjusted each October 1. Two families with different wages and different survivors will see very different figures. The reliable way to size up a claim is to have a lawyer review the actual wage records. You can read more about the firm's work on these cases on our Defense Base Act lawyers page and our wrongful death page.
Frequently Asked Questions
Q: Who gets death benefits under the Defense Base Act?
A: Survivors are paid in order. A surviving spouse and children come first, and if there are none, dependent parents, then other dependents who relied on the worker. Children generally qualify to age 18, or 23 if a full-time student.
Q: How much does a surviving spouse receive in DBA death benefits?
A: A surviving spouse alone receives 50% of the worker's average weekly wage. When there is a spouse plus one or more children, or two or more survivors of any kind, the total rises to two-thirds (66 2/3%), shared among them, capped at the federal maximum weekly rate.
Q: Does the Defense Base Act pay funeral expenses?
A: Yes. The Defense Base Act covers reasonable funeral and burial expenses up to $3,000, separate from the weekly death benefits paid to survivors.
Q: How do you file a DBA death benefit claim?
A: Give the employer written notice of the death within 30 days on Form LS-201, then file the claim within one year on Form LS-262 with the Department of Labor's OWCP office in Jacksonville, Florida.
Q: Is there an average Defense Base Act death benefit payout?
A: No. There is no reliable single average. The benefit is a percentage of the worker's average weekly wage, capped at the federal maximum ($2,082.70 for October 1, 2025 through September 30, 2026) and adjusted each October 1.
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Get a Free Case Evaluation TodaySources (verify before relying on them):
- DOL Defense Base Act Frequently Asked Questions (survivors, funeral expenses, notice and claim deadlines)
- DOL National Average Weekly Wage, minimum and maximum rates, and annual Section 10(f) increases
- DOL Longshore Bulletin No. 25-01 (rates for October 1, 2025 through September 30, 2026)
- DOL, Benefits Under the Defense Base Act
- Form LS-201, Notice of Employee's Injury or Death (PDF)
- Form LS-262, Claim for Death Benefits (PDF)
This is general information, not legal advice; consult an attorney about your situation. This post requires attorney review before publishing, and every legal fact, form, deadline, and dollar figure must be confirmed against the primary source, which changes on the annual October 1 cycle.