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The Defense Base Act was initially adopted by Congress in 1941. Although the Act was originally intended to cover civilian workers employed at overseas military bases, the Act was later extended to cover civilians working on overseas construction projects for the United States Government or its allies, and was extended to protect employees fulfilling service contracts tied to such construction projects or to a national defense activity. Under the Defense Base Act, all employees are covered under the Act, regardless of their citizenship or nationality. Thus, any worker associated with a construction project of the United States supported benefits under the Defense Base Act.
The benefits available under the Defense Base Act are those benefits defined by the Longshore and Harbor Workers' Compensation Act. Thus, if an injured worker established that an accident occurred or that working conditions existed which could have caused, aggravated or accelerated an injury, an injured worker may have the right to both medical benefits for all of the injuries, as well as the right to compensation benefits while disabled. Under the Longshore and Harbor Workers' Compensation Act, in addition to compensation during the time of disability, injured workers may also have the right to a scheduled award or, alternatively, the potential payment for any loss of earnings as a result of the work-related injury. The Act also provides for a category of permanent total disability, in the event an injured worker's condition is so severe that they are unable to return to any employment whatsoever.
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