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William David Turley

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William D. Turley

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Defense Base Act (DBA)

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Defense Base Act (DBA)

• Winning My Defense Base Act Case (Part 2)
• What Proof Do I Need To Win My Defense Base Act Case? (Part 1)
• Defense Base Act Average Weekly Wage - Don't Get Ripped Off By The DBA Insurance Company!
• His body was battered, his whole world was shattered - And all he could do was just cry
• Roger Levy and Miranda Chiu: Is the Fox Watching the Defense Base Act Hen House?

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What Are Wages Under the Defense Base Act?

Our California Defense Base Act Lawyers have packed this website with hundreds of pages of free information, which we constantly update. Use our website to research your vessel injury case. You will see that we have an assortment of informative and relevant DBA articles.

We have the most comprehensive DBA website in California, if not America.

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At The Turley Law Firm we understand Defense Base Act cases. To learn more about how we can protect your rights; contact us:

(866) 963-0540

What Are Wages Under The Defense Base Act?

Wages are used under the Defense Base Act in order to determine an employee's average weekly wage and compensation rate. Simply stated, the higher a workers average weekly wage under the DBA; the higher their compensation rate will be. With a higher compensation rate, the injured worker will receive more money for their DBA case. Thus, one of the primary goals of an injured worker (i.e., "Claimant") in a Defense Base Act case is proving the highest average weekly wage they can. This is done with wage evidence.

What are and are not "wages" is often the subject of intense dispute in a Defense Base Act case. Including or not including any particular item in an injured workers wages under the DBA may result in ten of thousands, if not hundreds of thousands of dollars in benefits. It can be a really, really big deal to a seriously injured worker and their family.

Under the DBA a "wage" is a money rate received as compensation from an employer, for services rendered by the employee. The money paid to an employee must be traceable to an employer.

Included in wages are gratuities received in the course of employment from others than the employer. In other words, tips or payments from others.

The following have been included as wages: overseas additives or overseas allowances, including foreign housing allowance and cost of living adjustment, completion awards, vacation or holiday pay (calculated the year it is received rather than the year it is earned). However, a claimant is not entitled to have both per diem and the value of room and board included in his wage calculation.

Also included are: the pay for overtime hours (when the hours are a regular and normal part of claimant's employment), guaranteed annual income payments (guaranteed payment of up to a guaranteed number of hours of work each year, i.e., an individual only works 1500 hours because of the bad economy, but is guaranteed 2000 hours and accordingly receives pay for 2000 hours of work), earnings from a second part-time job, and payment in kind (automobile parts), rather than in cash.

What Are Not Wages?

Wages do not include fringe benefits, including (but not limited to) employer payments for or contributions to a retirement, pension, health and welfare, life insurance, training, social security or other employee or dependent benefit plan for the employee's or dependent's benefit, or any other employee's dependent entitlement. The following have been characterized as or found similar to a "fringe benefit" and have not been included as earnings in the calculation of wages: employer contributions to a union trust fund, rest and relaxation payments, payment of Social Security insurance, excess income tax reimbursements, and payment for storage.

Disclaimer

This article not legal advice. Any resemblance to actual cases and/or events is not intentional. This DBA wage analysis is simplistic in order to achieve clarity. Each Defense Base Act case is different and has separate difficulties and/or challenges. If you are a seriously injured Defense Base Act worker you are advised to hire a DBA lawyer.

At The Turley Law Firm we understand Defense Base Act cases. To learn more about how we can protect your rights; contact us:

(866) 963-0540

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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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