Understanding War Hazard Act (WHA) Subrogation Claims

Congress enacted the Longshore and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation to specified employees of private maritime employers. 33 U.S.C. §§ 901-950.

The Office of Workers’ Compensation Programs administers this Act, just as it does the Federal Employment Compensation Act (FECA). 5 U.S.C.S. §§ 8101-8193.

The Defense Base Act (DBA) is an extension of the LHWCA. 42 U.S.C. §§ 1651 – 1654. It provides disability compensation and medical benefits and death benefits to employees of U.S. government contractors who perform work overseas. With a few exceptions, the DBA incorporates the provisions of the LHWCA. The War Hazards Compensation Act (WHCA) applies to DBA employees who are injured as a result of hostile actions. 42 U.S.C. §§ 1701 – 1717. While WHCA claims can be substantial, the statute provides a detailed set of procedures and requirements which, if performed properly, allow the employer or carrier to see 100% reimbursement of such claims including allocated and unallocated expenses—not from a responsible tortfeasor, but from the government itself. It’s as close as you can get to free money, if done correctly.