Why is the Defense Base Act Statute of Limitations one year?

The one-year statute of limitations for filing a claim under the Defense Base Act (DBA) is relatively short compared to other workers’ compensation laws, and it is intended to ensure that claims are filed in a timely manner. The DBA is a federal law that provides workers’ compensation and employers’ liability coverage for U.S. government contractors and subcontractors working outside of the United States. The DBA applies to civilian employees who work on U.S. government contracts outside of the United States, including those who work on military bases, embassies, and other U.S. government-funded projects.

The short statute of limitations is intended to ensure that claims are filed while the employee’s memory of the incident and the evidence is still fresh. The nature of the work done by employees covered by the DBA often takes place in remote or hostile locations, where access to medical care or legal assistance may be limited. By requiring employees to file claims within one year of the injury or illness, the DBA ensures that claims are filed while the employee is still able to provide accurate information about the incident and while any evidence of the injury or illness is still available.

The DBA is administered by the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP). The OWCP is responsible for processing claims and determining benefits under the DBA. The shorter statute of limitation allows for the OWCP to process claims in a timely manner, and avoid delays and backlogs.

Moreover, the nature of the work done by employees covered by the DBA often implies high-stress and risky environments, so the injury or illness might not be immediately apparent, and it could take time for the employee to notice the symptoms and realize they have an injury. The short statute of limitation makes sure that the employee doesn’t wait too long to report their injury, thus avoiding further damage to their health and ensuring the employer is held liable for the injury.

However, in some cases, the statute of limitations may be extended.

One exception to the one-year statute of limitations is if the employee is unable to file a claim within the one-year period due to a physical or mental disability caused by the injury or illness. In such cases, the statute of limitations may be extended to allow the employee to file a claim after the one-year period has expired.

Another exception is when the employee is able to prove that the employer fraudulently concealed the nature of the injury or illness. In these cases, the statute of limitations may be extended until the employee discovers the injury or illness, or should have reasonably discovered it.

It is important to note that these exceptions are rarely granted and the burden of proof is on the employee to demonstrate that the statute of limitations should be extended.