
You need to determine whether you have an unscheduled injury or a scheduled injury.
Assuming you have an unscheduled injury, then the calculation is as follows:
1st Are you able to return to your usual and customary employment without suffering any wage loss?
In other words, are you able to perform your regular work? If so, then you are probably not entitled to any permanent disability under the Longshore Act. For California LHWCA employees, that usually means that your permanent disability monies will be limited to whatever you may be entitled to under State of California workers compensation.
Assuming you are unable to return to your usual and customary employment as a Longshoreman or a ship yard work, for examples; then you may be entitled to permanent disability monies under the LHWCA.
Assuming you have a loss of wage earning capacity - the calculation is as follows:
2nd Determine your average weekly wage. For example, say your average weekly wage is $500 per week.
3rd Determine what your wage earning capacity is after your injury. For example, if you are unable to return to work as a shipyard welder. Instead, you now are able to earn $200 per week due to your disabilities and work preclusions.
4th
$ 500.00 Average Weekly Wage
-$ 200.00 post injury earning capacity
$ 300.00
5th Multiple times 2/3's
$300 x 2/3 = $200.00
Thus, you are entitled to $200 a week for the rest of your life. This is your permanent disability award.
Click here to learn how to calculate scheduled injuries under the Longshore Act.
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We have a State Wide Maritime Practice. Meaning we are asked to represent people injured in boating accidents and ship accidents across California and the World.
The Turley Law Firm Lawyers accept cases in the following locations in California: Los Angeles, San Diego, San Jose, San Francisco, Fresno, Long Beach, Sacramento, Oakland, Santa Ana, Anaheim, Bakersfield, Riverside, Stockton, Chula Vista, Fremont, Irvine, Modesto, Glendale, San Bernardino, Huntington Beach, Oxnard, Fontana, Moreno Valley, Oceanside, Rancho Cucamonga, Santa Clarita, Garden Grove, Ontario, Pomona, Santa Rosa, Salinas, Palmdale, Hayward, Pasadena, Torrance, Corona, Lancaster, Catalina Island, Bodega Bay, Bethel Island, Half Moon Bay, Eureka, Avalon, Escondido, Alameda, Orange, Elk Grove, Sunnyvale, Fullerton, Thousand Oaks, El Monte, Simi Valley, Concord, Visalia, Vallejo, Ventura, Ventura Harbor, Marina del Ray, Morro Bay, Inglewood, Santa Clara, Pacific Ocean, Port of Los Angeles, Port of Long Beach , Port of San Pedro, Santa Barbara, Santa Barbara Channel, San Clemente Island, San Joaquin River, San Francisco Harbor, San Francisco Bay, Stockton, Port of Stockton, Port of Sacramento, Port San Luis, California Delta, Lake Tahoe, Colorado River, Port of San Diego, Sausalito, Santa Cruz, San Pedro, San Diego Harbor, Stockton, Oceanside Harbor, Catalina Island, Dana Point, Newport Harbor, Ventura Harbor, Port Hueneme, Vallejo, Crescent City, Yuba City, Wilmington, and the Channel Islands, and the navigable waterways of the the United States and the navigable waters of California.
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The Turley Law Firm
626 Broadway, Suite 625
San Diego, CA 92101
Phone: (619) 234-2833
Fax: (619) 234-4048
Toll Free: 866-963-0540
The San Diego, California personal injury law firm of The Turley Law Firm serves clients across Southern California area. We give you straight talk about your legal options. We have handled cases from San Diego to Imperial Beach to Oceanside to Escondido to El Cajon, everywhere in between, such as: Alpine, Camp Pendleton, Cardiff, Carlsbad, Chula Vista, Coronado, Del Mar, Eastlake, Encinitas, La Mesa, La Costa, La Jolla, Lakeside, Lemon Grove, Mission Bay, NAS San Diego, National City, Naval Station San Diego, North Island, North County, Pacific Beach, Point Loma, Port of San Diego, Poway, Ramona, Rancho Bernardo, Rancho Santa Fe, San Marcos, San Diego Harbor, Santee, Solana Beach, South Bay, Spring Valley, Vista.
We handle cases across California, including: Riverside County, San Bernardino County, Orange County, Imperial County, Los Angeles County, and Ventura County, Colorado River, Mexico, Cabo, Pacific Ocean and all the Oceans and waterways across California and the World.
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The Turley Law Firm, APLC
625 Broadway, Suite 625
San Diego, CA 92101
Phone: 619-234-2833
Fax: 619-234-4048
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