The moments after a work injury overseas are overwhelming. You're far from home, maybe in a country where you don't speak the language, and now you're dealing with pain, uncertainty, and a workplace that may or may not have your interests at heart.
Most injured contractors make critical mistakes in those first hours and days — mistakes that cost them thousands in lost benefits or undermine their legal claims before they even start. This guide is designed to help you avoid those mistakes.
Step 1: Get Medical Care — Immediately
Your health comes first. Get medical treatment as soon as possible — even if the injury seems minor. A small injury today can become a major claim tomorrow if left untreated.
- Notify your supervisor or employer that you are seeking medical care. Get the name of the person you notified and keep a written record.
- Request authorization for treatment if your employer has a designated medical provider. If this is a true emergency, seek care immediately and notify your employer afterward.
- Keep all medical records — every visit, every prescription, every diagnosis. These records are the foundation of your claim.
Do not delay treatment. Insurance companies will argue that gaps in medical care mean your injury wasn't serious. Even if you feel fine immediately after an incident, get checked out. Internal injuries, concussions, and psychological trauma often don't show symptoms for days.
Step 2: Report the Injury in Writing — Today
Verbal reports to a supervisor are not enough. You need a written record of your injury report. Send an email or written message to your supervisor that includes:
- Date and time of the injury
- Location where the injury occurred
- What happened (brief description of the incident)
- Parts of your body affected
- Names of any witnesses
Keep a copy of whatever you send. If you don't have email access, write it down on paper, photograph it, and send it to yourself via a personal email as a timestamped backup.
Employer responsibility: Under the Defense Base Act, your employer is required to file an Employer's First Report of Injury (Form LS-801) with the Department of Labor within 30 days of learning about your injury. If your employer refuses or delays this filing, it can be a serious problem for your claim — but it's also something an attorney can address.
Step 3: Document Everything
In the weeks and months ahead, you'll need evidence. Start collecting it now:
- Photograph injuries — bruises, cuts, swelling. Take photos daily as they develop.
- Save employment documents — contract, pay stubs, task orders, deployment orders, any communications about your role.
- Identify witnesses — get names and contact information for anyone who saw the incident or its aftermath.
- Record medical visits — what was discussed, what treatment was recommended, what follow-up is needed.
- Keep a symptom journal — write down how you're feeling each day, what activities are difficult, and any changes in your condition.
Step 4: Know Your Legal Rights
As an overseas contractor injured on the job, you have rights under federal law — specifically the Defense Base Act. Key things to know:
- You do not need to be a US citizen to be covered under the DBA. Nationality is irrelevant — what matters is that you were working under a qualifying US government contract overseas.
- You are entitled to medical treatment paid for by your employer's DBA insurance — not out of your own pocket.
- You are entitled to wage replacement if your injury prevents you from working. Typically, this is two-thirds of your average weekly wage.
- You cannot be retaliated against for filing a DBA claim. Your employer cannot terminate you or discriminate against you for exercising your rights under the law.
Important: Many contractors worry that filing a claim will damage their relationship with their employer or hurt their future employment prospects. The law protects you from retaliation. And more importantly: if you don't file a claim, you don't get benefits. Your health and financial security come first.
Step 5: Avoid These Common Mistakes
In the chaos after an injury, it's easy to make decisions that seem reasonable but undermine your claim. Avoid these:
- Don't settle too early. Insurance companies may offer you a quick settlement that doesn't come close to covering your actual losses. Never accept a settlement without understanding the full value of your claim.
- Don't return to work too soon. If your doctor says you need to rest, rest. Returning to work before you're ready can worsen your injury and complicate your claim.
- Don't give recorded statements to insurance without counsel. Insurance adjusters may ask for a recorded statement. You are not required to give one without an attorney present, and anything you say can be used against you.
- Don't post about your injury on social media. Photos or posts showing physical activity can be used to argue you're not as injured as you claim.
- Don't wait to file. While you generally have three years to file a DBA claim, delays make evidence harder to gather and claims harder to prove.
Step 6: Get Legal Help
The DBA claims process is managed by the US Department of Labor's Office of Workers' Compensation Programs (OWCP). It involves federal forms, medical documentation requirements, legal standards, and an insurance company that has financial interests in minimizing your claim.
You don't have to navigate this alone. An attorney experienced in DBA claims can:
- Ensure your claim is filed correctly and on time
- Communicate with the DOL and your employer's insurance on your behalf
- Challenge inadequate benefits or wrongful denials
- Represent you in hearings and appeals if needed
- Negotiate fair settlements
Many DBA attorneys work on a contingency basis — meaning they only get paid if you win. Consultations are typically free. There is no financial risk in getting professional help. Connect with qualified DBA attorneys through our network →
What Happens Next
Every case is different, but the general path forward looks like this:
- Medical treatment: You receive care for your injury, with costs covered under the DBA.
- Claim filed: Either you or your employer files the required forms with the Department of Labor.
- OWCP review: The DOL reviews medical evidence, employment records, and wage information.
- Benefits determination: If approved, you begin receiving disability and/or medical benefits.
- Ongoing or resolution: Depending on the severity of your injury, benefits continue during treatment, or a settlement is reached when your condition stabilizes.
Free Case Review: If you were injured while working as a contractor overseas, we can connect you with attorneys who handle DBA claims. Available in English, Bosnian, Albanian, Turkish, and Georgian. Attorneys: get qualified DBA leads →
The most important thing you can do right now is act. Document your injury, report it to your employer, get medical care, and reach out for professional help. Your rights under federal law exist precisely for situations like this — but they only help you if you use them.