Defense Base Act Lawyer: We Protect You When You Are Hurt I We know how difficult it can be for an injured DBA worker and their family after they have suffered a serious Defense Base Act injury. Contact us to get the help you need and can trust to make it through this difficult time. 619-234-2833 or toll free at 866-963-0540.

Permanent Disability For An Unscheduled Injury Under the Defense Base Act
DBA Attorney Straight Talk
Why Trust The Turley Law Firm

* Since 1987, The Turley Law Firm has worked tirelessly to help their clients recover. This includes recovering from their work-injury and/or personal injury physically, emotionally and monetarily
* Their firm is respected throughout California's legal community and courts
* Highest rated Defense Base Act lawyer in California by AVVO.com (The DBA falls under Maritime Law)
* Elected President of the Consumer Attorneys of San Diego and elected to Board of Governors of Consumer Attorneys of California
* Asked to lecture to other lawyers. Bill teaches other lawyers how to practice law.
* Chosen a Consumer Attorney of San Diego Trial Master


Nation Wide 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. That experience helps him win Defense Base Act cases. Let The Turley Law Firm put their experience to work for you.


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 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.


We Protect You When You Are Hurt

We know how difficult it can be for an injured DBA worker and their family after they have suffered a serious Defense Base Act injury. Contact us to get the help you need and can trust to make it through this difficult time.


619-234-2833 or toll free at 866-963-0540.

War Zone - Defense Base Act Lawyer


Discuss your case with a Defense Base Act Lawyer


The Turley Law Firm understands that you have questions about your rights and safety, and are probably concerned what might happen to you if you are an injured worker under the Defense Base Act. We are committed to fighting to get you the justice you deserve, and maybe help you regain your peace of mind in the process.




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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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William Turley

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