Injured Working on a Guam Military Base? The Defense Base Act Explained
· Guam Law · 3 min read
By Morgan D. Ross, Esq. · Reviewed by Robert B. Salgado, Esq.
Thousands of civilian contractors work at Andersen AFB, Naval Base Guam, and Camp Blaz. If you're injured on the job, the Defense Base Act — not Guam's workers' comp — governs your claim. The benefits are better, but the rules are different.
If you work as a civilian contractor on a U.S. military base in Guam — at Andersen AFB, Naval Base Guam, or Camp Blaz — and you're injured on the job, you are not covered by Guam's regular workers' compensation system. Instead, you are covered by a federal law called the Defense Base Act (DBA). Understanding the difference is critical, because the DBA has different benefits, different procedures, and a different deadline than Guam's WC system.
Who Is Covered by the Defense Base Act?
The DBA covers civilian employees working outside the United States under a contract with the U.S. government for public works or national defense. On Guam, this includes:
- Construction workers building or renovating military facilities
- IT and telecommunications contractors at military bases
- Security personnel employed by private contractors on base
- Food service, logistics, and support staff at military installations
- Engineers, architects, and project managers on defense contracts
The DBA applies regardless of whether you are a U.S. citizen, a Guam resident, or a foreign national. If you're working under a U.S. government defense contract on Guam, you're covered.
DBA Benefits vs. Guam Workers' Comp
The Defense Base Act generally provides better benefits than Guam's workers' compensation system:
- Medical benefits: All reasonable and necessary medical treatment, with no cap
- Temporary total disability: 66⅔% of your average weekly wage while you cannot work
- Permanent partial disability: Scheduled awards for specific injuries (loss of limb, vision, hearing)
- Permanent total disability: 66⅔% of wages for life if you cannot return to any work
- Death benefits: 50% of wages to a surviving spouse + 16⅔% per child, up to 66⅔% total
- Vocational rehabilitation: Training for a new career if you cannot return to your previous work
How to File a DBA Claim
DBA claims are administered by the U.S. Department of Labor, Office of Workers' Compensation Programs (OWCP). The process:
- Report your injury to your employer immediately
- Seek medical treatment — your employer's DBA insurer must authorize treatment
- File Form LS-201 (Notice of Employee's Injury or Death) with the OWCP within 30 days
- File Form LS-203 (Employee's Claim for Compensation) within 1 year of injury
- If the insurer disputes your claim, request an informal conference with the OWCP district office
- If unresolved, request a formal hearing before an Administrative Law Judge (ALJ)
DBA and Third-Party Claims
The DBA does not prevent you from also filing a personal injury lawsuit against a third party who caused your injury. For example, if a subcontractor's negligence caused your injury on a military base, you can pursue both your DBA benefits AND a third-party lawsuit against the subcontractor. The DBA insurer has a lien on any third-party recovery, but you typically keep the excess — and third-party lawsuits can recover pain and suffering that the DBA doesn't cover.
Frequently Asked Questions
My employer says I'm covered by Guam workers' comp, not the DBA. Are they right?
Possibly not. If your employer has a contract with the U.S. government for work on a military base, the DBA applies — regardless of what your employer tells you. Employers sometimes steer injured workers toward Guam WC because it's cheaper for them. Consult an attorney to determine which law actually covers your injury.
Can I be fired for filing a DBA claim?
No. The DBA prohibits retaliation against employees who file claims. If your employer retaliates — by firing you, reducing your hours, or demoting you — you may have additional legal claims beyond your injury claim.
What if my DBA claim is denied?
You have the right to appeal. Request an informal conference with the OWCP, then a formal hearing before an ALJ, and ultimately appeal to the Benefits Review Board and federal courts. An experienced DBA attorney can significantly improve your chances at each stage.
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