Why Does It Matter Which System Applies?
A construction worker falls from scaffolding on a military base in Kuwait. Their employer is headquartered in Virginia. The answer is the DBA. State workers comp boards have no jurisdiction over DBA claims. Filing with the wrong agency does not toll DBA filing deadlines.
What Triggers DBA Coverage Instead of State Workers Comp?
DBA jurisdiction depends on three factors: location of work outside the United States, employer connection to U.S. government contracts, and work performed in connection with the covered contract. When these elements are present, the DBA preempts state workers comp entirely.
How Do Benefit Structures Differ?
The DBA pays temporary total disability at two-thirds of average weekly wage, subject to a national maximum. There is no fixed week limit. Medical benefits are unlimited for the life of the claim with no dollar cap. Many states cap medical benefits or impose treatment duration limits that the DBA does not.
How Do Filing Procedures Differ?
DBA claims go through OWCP, not state boards. The LS-203 must be filed within one year. Disputes go through OALJ and BRB. Carrier identification is one of the most challenging aspects. ClaimTrove maintains 2,454 employer-carrier mappings across 637 authorized DBA carriers.
What Strategic Considerations Should Guide Your Approach?
Investigate jurisdiction early. Identify the carrier before filing using ClaimTrove. Calendar the one-year deadline aggressively. Compare benefit outcomes when jurisdiction is disputed. If uncertain, file protective claims under both systems.