Go to navigation Go to content
Toll-Free: 866-705-4617
Phone: 619-234-2833
The Turley & Mara Law Firm, APLC

Permanent Disability For An Unscheduled Injury Under the Defense Base Act

"When I seek professional advice, I don’t want B.S.  I want it straight up, with no double talk. I figure you do also. I always use plain English, with no B.S. lawyer talk, and no double talk." - Defense Base Act Lawyer - Bill Turley

Defense Base Act Lawyer Stratight Talk - Permanent Disability for an Unscheduled Injury under the DBA - Bill Turley

The Best Advice

No matter what, the first thing you should do is always tell the truth from the beginning. Never tell a lie to the judge. Never exaggerate anything to your attorney. Always be up-front and honest with the DBA Doctor about your injuries. A doctor, a Judge and an attorney will more likely be able to help you if they believe you are being honest.

Liars never get trusted. Would you trust one? Always be honest. Always tell the truth. It is the best first step in taking to winning your Defense Base Act Claim.

The Next Step

Do your research. And know your case. Order my free book today, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To The Medical Treatment and Money You and Your Family Deserve.

And check out the 5 Star Amazon Reviews before you do. Others like your self have been in the same situation. But because they were honest and did their research before hand, they were successful in their case.

Need Help Today?

Call our office today at (619) 234-2833. Our staff is here to answer any questions you might have. We are here to Help.

Calculating Permanent Disability For An Unscheduled Injury

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 DBA Insurance Company 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.


War Zone - Defense Base Act Lawyer

Nationwide Practice

We are asked by injured DBA workers across the United States (and the world) to represent them. We have a Nation wide practice. We represent injured Defense Base Act workers that live across America. We are the number one Defense Base Act Law Firm in the Western United States. We can help you and your family too.

We are based in San Diego, California. This is a benefit to you. Few Defense Base Act lawyers have been handling DBA cases longer than Bill Turley. The Defense Base Act falls under the Longshore and Harbor Workers Compensation Act. Bill Turley has been handling Longshore Act cases since 1987. Because San Diego has the largest shipyard on the west coast with thousands of shipyard workers, Bill gained valuable experience with these cases long before the United States sent civilian workers to Iraq and Afghanistan.

West Coast's Largest DBA Law Firm - Representing DBA Workers Across America And Around The World

Feeling Overwhelmed and Don't Know Where to Start?  Get my free DBA Guide, it has the top ten common questions asked about the Defense Base Act, helpful references, what to say to your doctor/adjustor and much more.  I created this guide as a great tool for you to get an overview of the Defense Base Act basics. Within the DBA Guide you will notice at the bottom of each section I mention which pages you can reference in my Win Your Defence Base Act Book if you would like to go into more depth on a certain topic.  

Bakersfield Office
1430 Truxtun Ave. 5th Floor
Bakersfield, CA 93301

Oakland Office

1300 Clay Street, Suite 600
Oakland, CA 94612
(510) 858-2822

San Francisco Office

275 Battery St. Suite 1300
San Francisco,  California, 94111

Los Angeles Office

3255 Wilshire Blvd, Suite 1801
Los Angeles, California  90010

San Diego Office

7428 Trade St.
San Diego, California 92121


Awarded Super Lawyer 2011-2017

Highest Avvo.com Rating

Awarded Best Lawyers in San Diego

New York Times Top Attorney

Invited Speaker - Seminar – Defense Base Act

Chosen Trial Master by Consumer Attorneys

Chosen Top 10 Lawyer San Diego

Elected President of Consumer Attorneys

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

William Turley
“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”

Live Chat