DBA Claims for Burn Pit Injuries
Burn pits were a common sight on U.S. military bases in Iraq, Afghanistan and other conflict zones like Kuwait, Syria and Qatar. These open-air pits burned massive amounts of waste including plastics, rubber, chemicals, medical supplies and even human waste which were often ignited with gasoline or jet fuel. Civilian contractors working nearby inhaled toxic fumes loaded with harmful substances like dioxins, volatile organic compounds and particulate matter. This exposure has led to serious health problems for many, but unlike veterans who can access VA benefits under the PACT Act, contractors must turn to the Defense Base Act (DBA) for compensation. I was also exposed to burn pits when I was deployed with the USMC to the Middle East and understand firsthand the numerous health issues that can result.
Enacted in 1941, the DBA provides workers’ compensation for non-military employees on government contracts overseas, covering injuries or illnesses from job-related hazards, including burn pits. The health risks from burn pit exposure are well documented and may appear immediately or years later. Short-term effects include irritated eyes, skin rashes, coughing and throat burning. Over time, prolonged inhalation can cause chronic respiratory conditions such as chronic obstructive pulmonary disease (COPD), chronic bronchitis, rhinitis and constrictive bronchiolitis. Other severe outcomes involve cancers (specifically lung and lymphoma), autoimmune disorders, heart disease, kidney issues and neurological problems. Dust storms, solvents and other war-zone toxins compound these risks. For contractors in roles like logistics, security or support services, daily proximity to burn pits heightens vulnerability. Studies show higher rates of these illnesses among exposed workers.
Under the DBA, which falls under the Longshore and Harbor Workers’ Compensation Act, eligible contractors can claim benefits for burn pit-related harms. Coverage applies to U.S. citizens, residents and foreign nationals working on military bases, public works contracts, or U.S.-funded foreign aid projects outside the U.S. Benefits include medical treatment, wage replacement, disability payments for temporary or permanent impairment, vocational rehab, and death benefits for families. Unlike VA claims with presumptive conditions from the 2022 PACT Act, DBA requires proving the illness stems from work exposure and there are no automatic links. This is key for latent diseases, where symptoms may emerge post-deployment.
Challenges abound in burn pit claims which is why having a lawyer with experience handling DBA claims (and who has experienced burn pits himself) could prove invaluable to you receiving your maximum benefits. Proving causation is tough and insurers often deny links, demanding medical evidence like doctor diagnoses tying symptoms to exposure. Delays are common and claims may drag on for years. Foreign contractors face extra hurdles: language barriers, poor record-keeping and lower approval rates. Many aren’t informed about their rights and insurers scrutinize claims aggressively, sometimes even deploying investigators to minimize your injuries and the payout you receive.
Hiring a DBA lawyer early is crucial— at Gernand Law, we navigate bureaucracy, counter denials and maximize benefits on a no-win-no-fee basis. Burn pit injuries have altered countless lives and DBA claims offer a path to recovery and justice. Although I am based in Texas, I have represented DBA claimants all ober the world and would be pleased to set up a complimentary consultation that fits with your schedule. Please contact my office at info@gernandlaw.com or call me at 281-786-6235.
