When an overseas contractor dies or sustains a permanent total disability, the Defense Base Act provides substantial financial protection for surviving dependants. These benefits are among the most significant available under the DBA framework, and they are consistently among the most under-claimed — partly because bereaved families are rarely in a position to navigate a complex administrative claims process at the time they are most needed.
Death Benefits
Where a covered contractor dies as a result of a work-related injury or disease, the DBA provides compensation to eligible surviving dependants. The surviving spouse is entitled to a weekly benefit equal to 50% of the deceased contractor's average weekly wage, subject to statutory maximums. Where there are children, additional benefits are payable. These benefits continue until remarriage in the case of a surviving spouse, and until adulthood or longer in the case of dependent children.
Funeral and Burial Expenses
The DBA also covers reasonable funeral and burial expenses, subject to a statutory cap. This is a separate entitlement from the disability or death benefits and should always be included in a claim where death has occurred.
Permanent Total Disability
A contractor who sustains a permanent total disability — defined as an inability to perform any work as a result of the work-related condition — is entitled to weekly compensation for life, typically at two-thirds of the average weekly wage subject to statutory maximums. The lifetime value of a successful permanent total disability claim can be very substantial.
Identifying Eligible Dependants
The definition of eligible dependants extends beyond the immediate nuclear family in some circumstances. Children, stepchildren, adopted children, and in some cases other dependants who were financially dependent on the contractor may all have entitlements. A thorough assessment of the contractor's family situation is important in any death or permanent disability case.