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.
$ 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.
If you have been injured while working overseas and are covered under the DBA let us help you.
Call us today at 619-234-2833