Glossary / Defense / Defense Base Act (DBA)

Defense Base Act (DBA)

Also known as: DBA · Defense Base Act insurance · DBA workers compensation

Defense

A federal law that requires workers' compensation-type coverage for employees working outside the U.S. on U.S. government contracts.

The Defense Base Act (DBA), codified at 42 U.S.C. § 1651 et seq., extends the Longshore and Harbor Workers' Compensation Act (LHWCA, 33 U.S.C. § 901 et seq.) to cover employees working overseas on U.S. government contracts — including public-works and national-defense work, and work performed on U.S. military bases abroad. It is administered by the U.S. Department of Labor's Office of Workers' Compensation Programs (OWCP), through its Division of Longshore and Harbor Workers' Compensation (DLHWC). A DBA policy pays medical costs, disability, and death benefits for covered employees injured or killed in the course of that overseas work, regardless of nationality. Federal contracts require it through FAR 52.228-3, and prime contractors typically flow the requirement down to subcontractors. Contractors generally satisfy it by purchasing a DBA policy from an authorized carrier, though the DOL can authorize self-insurance and, in limited circumstances, waivers.

Source: U.S. DOL — Division of Longshore and Harbor Workers' Compensation (Defense Base Act)

Where you'll see it

Vendor contractPolicyCOI

Why it matters for your business

  • A defense-tech startup with any employees deploying, testing, or training outside the U.S. on a government contract almost always needs DBA coverage — an ordinary state workers' comp policy will not respond.
  • DBA is usually a hard contract requirement flowed down from the prime; a missing DBA policy can stall onboarding or breach the subcontract.
  • Premiums are payroll-based and reimbursable on many cost-type contracts, so getting the coverage placed correctly affects both compliance and cost recovery.

People also ask

Who needs Defense Base Act coverage?

Generally any contractor or subcontractor with employees working outside the United States on a U.S. government contract — including public-works and national-defense work and work on overseas U.S. military installations. It applies regardless of the employee's nationality.

Is the Defense Base Act only for defense contracts?

No. Despite the name, it reaches a broad set of U.S. government contracts performed overseas, including certain non-defense public-works and federally funded projects. Treat it as a government-contract requirement, not a defense-only one.

Does my state workers' compensation policy satisfy the DBA?

Usually not. A standard state workers' comp policy is generally written for domestic operations and will not respond to a DBA claim arising from overseas government-contract work. DBA coverage is typically placed as a separate policy or endorsement.

Ready to take the next step?

Definitions are educational and may be modified by your specific policy language, endorsements, and state rules. For regulatory guidance, refer to the California Department of Insurance or the NAIC.

Reviewed by Andrei Craciunescu, CA Licensed Insurance Broker #4467994

Last updated: July 2026.