In 1898, the Treaty of Paris ended the Spanish-American War, placing Cuba under U.S. military rule until the island was granted independence in 1902. Over the following two decades, American intervention was deemed necessary several times.
The Cuban-American Treaty of 1903 established a U.S. lease of the southern portion of Guantanamo Bay. This lease granted the United States the right to use the land as a naval base “for as long as necessary” with exclusive jurisdiction and control. Although a U.S. Naval Station had existed on Cuba since 1898, the treaty formalized and expanded its use.
The annual lease amount was set at $2,000 until 1934, later increased to $4,085 in 1938, and has been paid consistently. However, since 1959, the Castro regime has refused to accept the payments, at one point reportedly leaving the checks untouched in a desk drawer. Today, the Guantanamo Bay Naval Base spans nearly 45 square miles along the island’s southeastern coast, separated from the rest of Cuba by the so-called “Cactus Curtain”—an eight-mile barrier of cactus planted in 1961 to prevent Cuban citizens from seeking refuge on the base.
Life and Work at Guantanamo Bay Naval Base
Currently, about 5,500 U.S. troops are stationed at Guantanamo Bay. Despite its tropical beauty, the base is an isolated location with limited outside contact. In some cases, military families accompany service members, which has led to the development of schools, restaurants, and recreational facilities on base.
In addition to military personnel, U.S. contractors also play a critical role in base operations. Civilian workers provide services in food preparation, maintenance, engineering, construction, security, weapons expertise, and information technology. These contractors face the same risks as military personnel, and the potential for serious injury or even death while on assignment is very real.
Injury Protections Under the Defense Base Act
Unlike employees working within the United States, civilian contractors injured overseas are not covered by state workers’ compensation programs. Instead, protection is provided through the Defense Base Act (DBA)—a federal extension of the Longshore & Harbor Workers’ Compensation Act.
The DBA ensures medical treatment and wage replacement for employees injured or killed while:
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Working for U.S. military contractors overseas
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Supporting U.S.-backed public works projects abroad
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Assisting military support organizations connected to American operations
This law applies directly to individuals working at Guantanamo Bay. As a condition of receiving overseas contracts, employers must carry this special type of insurance to protect their workers.
Challenges in Pursuing a DBA Claim
Although benefits are available under the DBA, they are not automatically awarded. Injured workers or their families must file a claim within strict deadlines and comply with detailed rules. Insurance carriers often contest these claims, making the process frustrating and complex. Missing deadlines or failing to meet specific requirements can be fatal to your case and may negatively impact your financial security for years to come.
What To Do If You Were Injured in Cuba
If you or a loved one has been injured while working at Guantanamo Bay in Cuba, you may be entitled to compensation under the Defense Base Act. It is critical to seek the guidance of an attorney experienced in DBA claims as soon as possible. Skilled legal counsel can ensure that your claim is filed correctly, deadlines are met, and your rights are fully protected.
At Barnett, Lerner, Karsen, Frankel & Castro, P.A., our attorneys have decades of combined experience representing injured civilian contractors and their families. We are committed to helping you obtain the benefits you deserve so you and your family can move forward with financial security and peace of mind.