Filing a Defense Base Act claim is not like filing a standard workers' compensation claim. You are dealing with federal forms, the US Department of Labor, and an insurance system designed to minimize payouts. The process has rules, deadlines, and procedures that are easy to get wrong — and a mistake at the wrong step can delay or deny your benefits for months.
This guide walks you through the complete process so you know exactly what to do at each stage.
Before you start: Gather these documents now — employment contract, pay records, incident report, and all medical records. Having these ready before you file will dramatically speed up the process.
The DBA Claims Process: An Overview
The DBA claim process involves five key stages:
- Step 1: Report the injury to your employer
- Step 2: Employer files LS-801 with the DOL
- Step 3: You file Form LS-1 (Claim for Compensation)
- Step 4: OWCP reviews and makes a determination
- Step 5: Benefits begin or denial is appealed
Step 1: Report the Injury to Your Employer
Report Your Injury — In Writing
Notify your supervisor or employer of the injury as soon as possible. This notification should be in writing — an email or formal written message that includes the date, time, location, and a brief description of the incident.
Keep a copy. If your employer tries to deny that you reported the injury, your written record is your proof.
No official form required at this stageDeadline: While there's no strict legal deadline for reporting to your employer, you should do it as soon as possible. Delays raise questions about whether the injury occurred as and when you claim. Do it today.
Step 2: Your Employer Files Form LS-801
Employer's First Report of Injury
Within 30 days of learning about your injury, your employer is required to file Form LS-801 (Employer's First Report of Injury or Occupational Disease) with the Department of Labor's Office of Workers' Compensation Programs (OWCP).
This form establishes that the employer knows about the injury and begins the official claims record.
Form: LS-801 (Employer)What your employer must include on the LS-801:
- Your identifying information (name, nationality, date of birth)
- Contract information (employer name, contract number, work location)
- Injury details (date, location, nature of injury, body parts affected)
- Wage information (average weekly wage, total wages paid)
- Medical information (first treatment date, medical provider if known)
What if your employer doesn't file LS-801? This is a common problem. Employers sometimes delay, hoping the contractor won't pursue a claim. If your employer has not filed within 30 days, document your follow-up attempts. You can file your own claim directly using Form LS-1 — the employer's failure to file does not eliminate your right to benefits.
Step 3: File Your Claim — Form LS-1
Claim for Compensation (Form LS-1)
This is the formal claim form that you — not your employer — file with the DOL's OWCP. It tells the government that you are claiming DBA benefits and provides the factual basis for your claim.
Form: LS-1 (Employee/Claimant)Where to file: The LS-1 is submitted to the DOL's District Office that has jurisdiction over your claim. For overseas contractors, this is typically the New York District Office or the office designated for your employer's insurance carrier's jurisdiction.
You can file by mail, but many claimants use the OWCPClaims Kit, which is available on the Department of Labor website and provides all required forms with instructions.
What the LS-1 Requires
- Your personal information — full legal name, date of birth, nationality, contact information
- Employment information — employer name and address, contract details, job description
- Injury details — date, time, and location of injury; what you were doing when injured; what happened
- Medical information — treating physician, diagnosis, treatment received
- Wage information — average weekly wage, pay period, how you were paid
- Witness information — names and contact information of any witnesses
Attach everything. Send copies of your employment contract, pay stubs, incident reports, and medical records along with your LS-1. Incomplete claims take longer to process. Strong documentation speeds things up.
Step 4: OWCP Review and Development
The DOL Reviews Your Claim
Once the OWCP receives your LS-1 (and the LS-801 from your employer), a claims examiner will review the file. They will evaluate:
Jurisdiction: Was the injury covered under the DBA? (overseas work under a US government contract)
Causation: Was the injury caused by your employment?
Medical evidence: Does the medical documentation support the claimed injury and its relationship to work?
Wage calculation: Is the average weekly wage correctly calculated?
The OWCP may issue a development letter requesting additional information — medical records, employment verification, witness statements. Respond to these requests promptly. Failure to respond can result in a denial.
Possible OWCP Decisions
- Acceptance: Your claim is accepted, and benefits begin. Medical treatment is authorized, and disability benefits (if applicable) are calculated and paid.
- Denial: Your claim is denied, in whole or in part. You will receive a written decision explaining why and informing you of your appeal rights.
- Development: The OWCP requests more information before making a determination. This is normal — just respond completely and quickly.
Step 5: Appeals (If Necessary)
If your claim is denied, you have the right to appeal. The DBA appeals process has multiple levels:
- Request for Reconsideration: Submit new evidence or argument to the same OWCP district office that issued the denial.
- Appeals Branch Review: If reconsideration is denied, you can appeal to the OWCP's Employees' Compensation Appeals Board (ECAB).
- Federal Court: If ECAB rules against you, you can file a lawsuit in federal district court.
Hiring an attorney significantly improves your odds of a successful appeal. An attorney experienced in DBA claims can identify what went wrong in the initial claim, gather the right evidence, and present your case effectively at each level. This is especially critical if your claim was denied for medical or causal reasons. Connect with qualified DBA attorneys through our network →
Key DBA Deadlines to Remember
| Action | Deadline |
|---|---|
| Report injury to employer | As soon as possible |
| Employer files LS-801 | 30 days after learning of injury |
| File Form LS-1 | Generally 3 years from injury date |
| Appeal a denial | 30 days from OWCP decision |
| Request for Reconsideration | 1 year from OWCP decision |
What Happens After Your Claim Is Accepted
Once your DBA claim is accepted, you will receive:
- Authorization for medical treatment — your medical providers are paid directly by the employer's insurance carrier
- Disability benefits — if your injury prevents you from working, you receive two-thirds of your average weekly wage (tax-free) for the period of disability
- Ongoing monitoring — the OWCP may require periodic medical evaluations to assess your continued disability
If your condition stabilizes and you have a permanent impairment, you may be entitled to a permanent partial disability award — a one-time payment based on the extent of your impairment as evaluated under the AMA guides.
Getting Help With Your DBA Claim
The DBA claims process is complex. Federal forms, medical evidence requirements, and an adversarial insurance system are a lot to navigate while you're also dealing with an injury. An experienced DBA attorney can help you at every stage — from gathering evidence and filing correctly through appeals if necessary. Learn about our attorney lead generation platform →
Get a free case review. If you were injured while working as a contractor overseas, attorneys experienced in DBA claims can review your situation and advise you on the best path forward. Available in 5 languages.