“Integrity is telling myself the truth. And honesty is telling the truth to other people.” Spencer Johnson
My Best Advice
When it comes to Longshore Act Cases, nothing is more important than telling the truth. Nothing is more important than your credibility. You need to be up front and honest about every detail about your case.
Do not exaggerate the fine print. If a judge suspects your not being truthful, then they will dismiss your case. Always be honest. Always tell the truth.
My Second Best Advice
Do your research on Longshore Act Cases and order my free book, Win Your Injury Case: The Ultimate No B.S. Guide To Avoiding Insurance Company Tricks That Ruin Your Case [even before you hire a lawyer].
It is full of helpful and useful information when it comes to your Longshore Act Case.
Need help right now?
Give our office a call at (619) 234-2833. Our team of knowledgeable staff are here to help and listen.
How to determine your permanent disability amount for Unscheduled Injuries under the Longshore Act
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.
$ 500.00 Average Weekly Wage
-$ 200.00 post injury earning capacity
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.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley