Do I need a Virginia lawyer for a Defense Base Act claim?

No. The Defense Base Act is federal, administered by the U.S. Department of Labor and heard by administrative law judges rather than by Virginia courts. What matters is experience with DBA and Longshore practice, not proximity. Templer & Hirsch handles these claims nationwide.

Does hazard pay and per diem count toward my benefits?

Often yes, at least in part, and it is one of the most consequential disputes in DBA claims. Benefits are calculated from average weekly wage, and overseas contractor pay frequently includes premiums, per diem, hazard pay and completion bonuses. Whether each component is included materially changes the compensation rate, so the calculation is worth challenging when it looks low.

My PTSD claim was denied. Is there anything left to do?

Usually yes. Psychological injuries are compensable under the DBA, and denials frequently rest on contested causation or alleged pre-existing conditions rather than on a final legal determination. There is a formal process for disputing a denial, with deadlines, so a denied claim should be reviewed promptly rather than abandoned.

I work at a Virginia port, not overseas. Which law covers me?

Probably the Longshore and Harbor Workers' Compensation Act rather than Virginia workers' compensation, if your work involves loading, unloading, building or repairing vessels on or adjoining navigable water. Longshore benefits, physician choice and procedure differ from the state system, and workers are sometimes routed into state comp when federal coverage would pay more.

Virginia Defense Base Act Lawyer

Why Virginia Generates So Many Defense Base Act Claims

The Defense Base Act extends Longshore Act coverage to civilian employees working outside the United States on U.S. military bases or under contracts with U.S. government agencies for public works or national defense. Virginia is where a disproportionate share of those workers live and are hired, because of the concentration of defense contractors around Hampton Roads, Norfolk, Virginia Beach and Northern Virginia. A DBA claim is federal: it is administered by the U.S. Department of Labor Office of Workers' Compensation Programs and heard by administrative law judges, so where you live affects logistics rather than rights.

What the Defense Base Act Pays

DBA benefits follow the Longshore Act structure: medical treatment for the work injury with your choice of physician, temporary total or partial disability compensation calculated from your average weekly wage, permanent disability including scheduled awards for specified body parts, and death benefits for surviving dependents. Because overseas contractor wages are often substantially higher than domestic wages for the same work, the average weekly wage calculation is frequently where the largest disputes arise, particularly over whether overseas premiums, per diem, hazard pay and completion bonuses count toward it.

PTSD and Psychological Injury Claims

Psychological injuries are compensable under the Defense Base Act, and PTSD claims from contractors who served in conflict zones are among the most commonly disputed. Insurers contest causation, argue pre-existing conditions, and dispute the extent of disability far more aggressively than in orthopedic claims. These cases are built with contemporaneous records where they exist, deployment and incident documentation, consistent treatment history and qualified psychiatric or psychological opinion. A contractor whose claim was denied on the basis that the condition was not work-related should not assume that determination is final.

Virginia Ports and the Longshore Act

Separately from the DBA, Virginia's port and shipyard economy generates a substantial volume of ordinary Longshore Act claims. Workers at the Norfolk International Terminals, Portsmouth Marine Terminal and the Newport News shipyards engaged in loading, unloading, building or repairing vessels are generally covered by the Longshore and Harbor Workers' Compensation Act rather than Virginia workers' compensation, with different benefit rates, physician choice and a federal administrative process. Workers are sometimes placed into the state system when federal coverage would pay more.

Virginia Defense Base Act: What to Do

Report the injury to your employer in writing and keep a copy
Preserve deployment records, incident reports and any contemporaneous medical documentation
Note whether overseas premiums, per diem and bonuses were part of your pay, they affect the wage calculation
Do not accept a denial as final, DBA denials are routinely contested successfully
Get treatment and keep the record continuous, gaps are used to argue against causation

Virginia Defense Base Act: Common Questions

Do I need a Virginia lawyer for a Defense Base Act claim?: No. The Defense Base Act is federal, administered by the U.S. Department of Labor and heard by administrative law judges rather than by Virginia courts. What matters is experience with DBA and Longshore practice, not proximity. Templer & Hirsch handles these claims nationwide.
Does hazard pay and per diem count toward my benefits?: Often yes, at least in part, and it is one of the most consequential disputes in DBA claims. Benefits are calculated from average weekly wage, and overseas contractor pay frequently includes premiums, per diem, hazard pay and completion bonuses. Whether each component is included materially changes the compensation rate, so the calculation is worth challenging when it looks low.
My PTSD claim was denied. Is there anything left to do?: Usually yes. Psychological injuries are compensable under the DBA, and denials frequently rest on contested causation or alleged pre-existing conditions rather than on a final legal determination. There is a formal process for disputing a denial, with deadlines, so a denied claim should be reviewed promptly rather than abandoned.
I work at a Virginia port, not overseas. Which law covers me?: Probably the Longshore and Harbor Workers' Compensation Act rather than Virginia workers' compensation, if your work involves loading, unloading, building or repairing vessels on or adjoining navigable water. Longshore benefits, physician choice and procedure differ from the state system, and workers are sometimes routed into state comp when federal coverage would pay more.