As of this writing, a partial list of American contractors killed in Iraq shows that 124 Americans have died serving their employers and the U.S. government since hostilities began on March 19th, 2003. While no reliable estimates of the number of American civilian contractors wounded in Iraq is available, informal estimates put the total well into the thousands.

What is the Defense Base Act?

The Defense Base Act was enacted by Congress in 1941, when U.S. involvement in World War II was imminent. This act requires any government contractor working overseas to purchase workers compensation insurance for its employees. This includes any employee working on a military base or reservation outside of the U.S., as well as any employee involved in American funded public works programs in other countries. Contractors that are involved in overseas projects considered vital to U.S. Security are also required to provide DBA coverage to their employees.

Helping Workers Injured Overseas Secure Compensation

Civilian victims of the Camp Merez mess tent bombings in December of 2004 have been having serious difficulties in collecting their workers compensation claims. Contractor Mark Baltazar, a KBR employee who was injured in the blast, was receiving a mere $736 a month in disability when, according to his lawyer, he was eligible for $1000 a week through his DBA insurance. To make matters worse, since KBR hires most of its employees through a Cayman Islands subsidiary, Baltazar was ineligible for stateside workers compensation.

With the United States currently rebuilding and modernizing Afghanistan and Iraq, the need for skilled American contractors in those countries has skyrocketed during the past three years. To answer the call, companies such as Halliburton, Bechtel, and Kellogg, Brown and Root have received enormous government contracts for construction, logistics, transportation, food services and dozens of other services that are needed. Tens of thousands of American workers have left their families to travel overseas to help with the rebuilding process. As they do their jobs, American workers must also share in the hazards of war.

American contractors in Iraq and Afghanistan are faced with the difficult task of performing their jobs in dangerous and hostile environments. Roadside and suicide bombings, acts of sabotage, kidnapping, gunfire and related insurgent and terrorist violence make life for workers almost as perilous as it is for America’s service men and women.

It isn’t just in the Middle East where American workers face risks. Contractors that build embassies or facilities for American use in foreign countries often have to do so in politically unstable environments, where law and order is a fairly nascent concept and strong deterrents to violent crime simply aren’t in place.

Protestors, corrupt local officials or a resentful local labor force that has little or no stake in a corporate project can lead to unforeseen difficulties and dangers for American workers. Aside from the standard job-related hazards that a company and its workers would encounter within the borders of the United States, international contractors can also face the threat of gunshot wounds, explosions, stabbings, kidnappings or injuries from mob violence.

While Halliburton, KBR, CACI and all of the other international contractors are following the letter of the law in providing DBA insurance for their employees, there are reports of delays and underpayment when it comes to paying out the claims of injured workers, as well as reports of tight-fisted treatment of employees who want medical leave.

Physical injuries aren’t the only scars being ignored by many corporations. Contractors suffering from Post Traumatic Stress Disorder and are unable to work as a result are eligible for compensation, but insurers are almost all treating such claims with nothing but skepticism.

Other contractors are receiving their settlements promptly, but at the cost of accepting far less then they are eligible for. With no legal assistance, many of them are simply unaware of how little they are receiving in comparison with how much they should be getting.

If you have been injured while working in Iraq or Afghanistan, you should seek the representation of experienced personal injury attorneys who understand the obligations your employer and insurance carrier owes to you. The Texas based Law Firm of Carabin & Shaw P.C. has years of experience ensuring that state and federal laws serve the interests of those for whom the laws were enacted, the victim. Our law firm can help you today.