Former military contractors often face a confusing crossroads after an injury. Some qualify for Defense Base Act benefits. Others are eligible for Veterans Affairs disability compensation. And many people do not realize they could have claims under both programs. Finding a law firm with genuine experience in DBA claims, Longshore Act cases, and VA administrative proceedings is rare. Benner Law Firm, based in San Diego, California, is one of the few practices that handles Defense Base Act cases alongside veterans' administrative claims for clients across the United States and around the world.
What Is the Defense Base Act?
The Defense Base Act (DBA) is a federal workers' compensation law codified in 42 U.S.C. 1651-54. It extends the protections of the Longshore and Harbor Workers' Compensation Act to civilian employees working on U.S. military bases or under government contracts overseas. The DBA is governed and administered by the United States Department of Labor.
Coverage extends to construction workers, private security specialists, translators, logistics staff, and anyone performing work on behalf of a U.S. government contractor outside the country. Benefits include medical treatment, lost wages, temporary or permanent disability compensation, and death benefits for surviving family members.
Understanding Veterans' Administrative Claims
A Veterans Affairs (VA) disability claim is the process through which former service members apply for monthly compensation for injuries or illnesses connected to their military service. The VA requires claimants to demonstrate a current disability, a service connection, and supporting medical documentation.
Veterans' administrative claims are filed through the Department of Veterans Affairs. Denied claims can be appealed through supplemental claims, higher-level reviews, or hearings before the Board of Veterans' Appeals. An accredited attorney can represent a veteran during these appeals.
Common Conditions in VA Claims
PTSD, traumatic brain injuries, hearing loss, respiratory conditions from burn pit exposure, and musculoskeletal disorders are among the most frequently filed VA disability categories. Many of these same conditions also appear in DBA claims filed by civilian contractors.
Why Former Military Contractors May Need Both
Many civilian contractors previously served in the armed forces. When they transition into private contracting roles on military installations, they carry service-connected conditions that may worsen. A former Marine working as a logistics coordinator in Afghanistan, for example, might have a pre-existing VA rating for PTSD that worsens due to new combat-zone exposure.
In that scenario, the contractor could pursue an increased VA disability rating for the aggravated condition and file a separate DBA claim for the new workplace injury. These are two distinct legal systems, and they require different expertise. Benner Law Firm handles burn pit exposure claims under both the DBA and VA frameworks, giving clients a single point of contact for overlapping issues.
What Sets Benner Law Firm Apart
Most law firms specialize in either DBA/Longshore claims or VA disability appeals. Benner Law Firm offers representation across both areas, along with mass tort litigation and California personal injury cases. Attorney Craig Benner and his legal team have extensive experience navigating claims before the Department of Labor and the Department of Veterans Affairs.
Nationwide and International Reach
While the firm's offices are located at 409 Camino Del Rio S., Suite 106, San Diego, CA 92108, clients are served across all 50 states and internationally. This matters because DBA injuries happen overseas by definition, and VA claims can be filed from anywhere in the country.
A Plaintiff-Only Practice
Benner Law Firm exclusively represents injured individuals. A plaintiff-only practice is a law firm that never represents insurance companies, employers, or defendants. This ensures every resource and strategy is focused on maximizing the client's recovery. The firm offers free initial consultations for prospective clients.
DBA vs. VA Claims: Key Differences
Understanding the distinctions between these two programs helps former contractors determine which claims to pursue. The table below highlights the primary differences.
| Feature | Defense Base Act (DBA) | VA Disability Claim |
|---|---|---|
| Governing Agency | U.S. Department of Labor | Department of Veterans Affairs |
| Who Qualifies | Civilian contractors on overseas military bases | Former military service members |
| Benefits Type | Medical, wage replacement, disability, death benefits | Monthly disability compensation, healthcare |
| Funding Source | Employer's insurance carrier | Federal government (taxpayer-funded) |
| Filing Deadline | Written notice within 30 days; formal claim within 1 year | No strict deadline, but earlier filing preserves back pay |
| Appeals Process | Administrative Law Judge, Benefits Review Board | Supplemental claim, Higher-Level Review, BVA, CAVC |
| Attorney Involvement | Recommended from claim filing onward | Typically after initial denial |
How to Start Your Claim
If you are a former military contractor with injuries from overseas service, the first step is to determine which benefits programs apply to your situation. Here is a straightforward process to follow:
- Seek medical treatment and document every visit, diagnosis, and prescription.
- Report your injury to your employer using Form LS-201 for DBA claims.
- Gather your military service records if you plan to file or update a VA disability claim.
- Contact an attorney experienced in both DBA and VA claims to evaluate your options.
Timing is critical for DBA claims. Under Section 12 of the LHWCA, you must provide written notice to your employer within 30 days and file a formal claim within one year. VA claims have more flexible timelines, but delays can reduce retroactive compensation.
Key Takeaways
- The Defense Base Act is a federal workers' compensation program for civilian employees injured on overseas military bases.
- VA disability claims provide monthly compensation for service-connected conditions experienced by veterans.
- Former military contractors may qualify for both DBA benefits and VA disability compensation simultaneously.
- Benner Law Firm handles DBA claims, Longshore Act cases, veterans' administrative claims, and personal injury cases from its San Diego office.
- DBA claims require notice within 30 days and a formal filing within one year of injury.
- A plaintiff-only firm ensures undivided loyalty to the injured client, never the insurer.
- Free consultations allow you to evaluate your legal options before committing.
Frequently Asked Questions
Can I file both a DBA claim and a VA disability claim?
Yes. These are separate federal programs administered by different agencies. A former service member who later works as a civilian contractor overseas may have valid claims under both systems. Each claim addresses different injuries or different periods of service.
What does the Defense Base Act cover?
The DBA covers medical expenses, disability benefits (temporary and permanent), lost wages, and death benefits for civilian employees injured while working on U.S. military bases or under government contracts abroad.
Who qualifies for a VA disability claim?
Any former military service member with a current disability connected to their time in the armed forces may qualify. The VA requires evidence of a diagnosed condition, proof of military service, and a medical nexus linking the two.
Does Benner Law Firm handle cases outside California?
Yes. While the firm's office is in San Diego, it represents DBA and veterans' claims clients nationwide and internationally. Overseas civilian contractors from any state or country can receive legal assistance.
How much does a consultation cost?
Benner Law Firm provides a free initial strategy session. There is no obligation, and you can discuss both DBA and VA claim options during the consultation.
What is the deadline for filing a DBA claim?
You must notify your employer in writing within 30 days of the injury. A formal claim must be filed with the U.S. Department of Labor within one year. For conditions that develop gradually, such as PTSD or hearing loss, the deadline may start from the date you became aware the condition was work-related.
What types of injuries are covered under the DBA?
Covered injuries include traumatic physical injuries, cumulative trauma, occupational illnesses, mental health conditions like PTSD, and injuries sustained during off-duty activities reasonably related to employment.
Why should I hire an attorney for my DBA or VA claim?
Insurance companies and government agencies have legal teams working against your interests. An experienced attorney can gather evidence, meet filing deadlines, and represent you before administrative judges or the Board of Veterans' Appeals to maximize your compensation.
Get Help Today
If you are a former military contractor dealing with injuries from overseas service, do not navigate the DBA and VA systems alone. Contact Benner Law Firm today at 619-941-0456 to schedule your free strategy session. The team is ready to evaluate your claims under both the Defense Base Act and the VA disability program and help you pursue every dollar of compensation you deserve.