Who Is Eligible To File A Burn Pit Claim?

Who Is Eligible To File A Burn Pit Claim?

To be eligible for compensation for a burn pit claim you must be a worker covered by the defense base act, which includes if you worked for or on:

  1. A U.S. military base outside the U.S.;
  2. S.-occupied land used for military purposes;
  3. A civilian contractor overseas under a U.S. government contract; or


A public work contract with the U.S. government anywhere outside of the continental U.S.

Second, a doctor must diagnose you with an injury or condition that you can prove is connected to your work. Workers’ compensation insurance covers conditions that arose out of and in the course of employment. However, there is a significant exception to that second requirement.

The Zone of Special Danger Doctrine, which was created and expanded by the courts, says the Defense Base Act covers your injury if you worked in a foreign setting that exposed you to danger. In other words, if you worked overseas in a dangerous area, like a war zone, then you are covered based on that alone. You do not have to provide evidence that causally links your condition to your work duties.

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