Law Commons^™

Cry Havoc: Are Incompetent Private Military Companies Ruining The Defense Base Act?, William Burke

William & Mary Business Law Review

The Defense Base Act (“DBA” or “Act”) provides a no-fault, insurancebacked workers’ compensation mechanism for compensating private security contractors who are injured overseas. Critics of the Act allege that it should be fundamentally altered or replaced because combat zone work is uninsurable, the Act’s compensation is insufficient, and it is less efficient than the alternatives. This Note argues that, on the contrary, the DBA insurance market is functional and improving, its benefits are sufficient when viewed in combination with contractors’ other compensation, and it is a far more efficient compensation system than is offered by tort litigation. The flaws cited …