Defense Base Act Attorney Straight Talk: Calculating Permanent Disability For An Unscheduled Injury - By: William Turley

Permanent disability under the DBA for unscheduled injuries is a wage loss concept. You need to compare your Average Weekly Wage before your injury to your Average Weekly Wage after your injury. In other words you are comparing your pre-injury earnings to your post-injury earnings.

You need to determine whether you have an unscheduled injury or a scheduled injury. Assuming you have an unscheduled injury, then the analysis is as follows:

Are You Able to Return to Your Usual and Customary Employment Without Suffering Any Wage Loss?

In other words, are you able to perform all of your regular work? If so, unless the injury causes you to lose income; then you are probably not entitled to any permanent disability under the Defense Base Act. If you are unable to return to your usual and customary employment as a Defense Base Act worker due to your injuries; then you may be entitled to permanent disability monies under the DBA.

Determine Your Average Weekly Wage

For example, say your average weekly wage is $2,100 per week.

Determine Your Wage Earning Capacity Post Injury

For example, if you are unable to return to work as a DBA worker. Instead, you now are able to earn $600 per week due to your disabilities, education, training, abilities and background. The key is to focus on you. What you can do. And the jobs that you can perform.

The Calculations

$ 2,100 Average Weekly Wage - $ 600 = $ 1,500 Post injury earning capacity

Multiple Times 2/3's

$ 1,500 x 2/3 = $999.99

Thus, you are entitled to $999.99 a week for the rest of your life. This is your permanent disability award under the DBA.

The Carrier Will Get A Labor Market Survey

However, don't get too excited quite yet. The DBA insurance company will no doubt get a Labor Market Survey indicating that you can make over $1,000 per week, or more. Or the DBA insurance company will get a doctor to say you are fine, back to work, with no loss of wage earning capacity. Or both. However, most Labor Market Survey's are seriously flawed. This is an area where a good DBA Attorney will really help you save money.

Disclaimer

This article on the Defense Base Act is not legal advice. I am simplistic in order to achieve clarity. Your DBA case, situation, and/or circumstances may be different than those described herein. If you are bringing a Defense Base Act claim, your credibility is always at issue. Read: if you get caught in a lie you will lose your case. Always tell the truth. Be sure and hire an honest Defense Base Act Lawyer. The DBA insurance company is going to hire really good lawyers to try and keep you from getting the benefits you deserve. You need a lawyer or you are going to be taken advantage of. Big time.

About the Author

Bill Turley is a Defense Base Act Lawyer in San Diego California. Bill is the highest rated Maritime Lawyer (the area of law for the DBA) in San Diego by Avvo.com. Bill has the most comprehensive Defense Base Act Attorney website.

Article Directory Source: http://www.articlerich.com/profile/William-Turley/63381

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