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 35.
FAR 52.228-3, WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT)
(APR 1984)
The Contractor shall (a) provide, before commencing performance under
this contract, such workers' compensation insurance or security as the
Defense Base Act (42 U.S.C. 1651, et seq.) requires and (b) continue to
maintain it until performance is completed. The Contractor shall insert,
in all subcontracts under this contract to which the Defense Base Act
applies, a clause similar to this clause (including this sentence) imposing
upon those subcontractors this requirement to comply with the Defense Base
Act.
36. FAR 52.228-4, WORKERS' COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS
(APR 1984)
(a) This paragraph applies if the Contractor employs any person who,
but for a waiver granted by the Secretary of Labor, would be subject to
workers' compensation insurance under the Defense Base Act (42 U.S.C. 1651,
et seq.). On behalf of employees for whom the applicability of the defense
Base Act has been waived, the Contractor shall (1) provide, before
commencing performance under this contract, at least that workers'
compensation insurance or the equivalent as the laws of the country of
which these employees are nationals may require, and (2) continue to
maintain it until performance is completed. The Contractor shall insert,
in all subcontracts under this contract to which the Defense Base Act would
apply but for the waiver, a clause similar to this paragraph (a) (including
this sentence) imposing upon those subcontractors this requirement to
provide such workers' compensation insurance coverage.
(b) This paragraph applies if the Contractor or any subcontractor
under this contract employs any person who, but for a waiver granted by the
Secretary of Labor, would be subject to the War Hazards Compensation Act
(42 U.S.C. 1701, et seq.). On behalf of employees for whom the
applicability of the Defense Base Act (and hence that of the War Hazards
Compensation Act) has been waived, the Contractor shall, subject to
reimbursement as provided elsewhere in this contract, afford the same
protection as that provided in the War Hazards Compensation Act, except
that the level of benefits shall conform to any law or international
agreement controlling the benefits to which the employees may be entitled.
In all other respects, the standards of the War Hazards Compensation Act
shall apply; e.g., the definition of war-hazard risks (injury, death,
capture, or detention as the result of a war hazard as defined in the Act),
proof of loss, and exclusion of benefits otherwise covered by workers'
compensation insurance or the equivalent. Unless the Contractor elects to
assume directly the liability to subcontractor employees created by this
clause, the Contractor shall insert, in all subcontracts under this
contract to which the War Hazards Compensation Act would apply but for the
waiver, a clause similar to this paragraph (b) (including this sentence)
imposing upon those subcontractors this requirement to provide war-hazard
benefits,
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