
DBA claimants are oftentimes unsure of what their award should be. In other words, they understandably don't want to get ripped off. So, from time to time we explain how awards are calculated. We do it a little differently most times so you, the injured Defense Base Act worker, can better understand these concepts. Of course, this analysis assumes you have calculated your AWW correctly, and your impairment is properly calculated.
As always, you will need medical evidence. Here, that means medical evidence linking your impairment to your DBA job. The medical evidence also needs to provide an analysis of your impairment under the AMA Guides to the Evaluation to Permanent Impairment.
Average weekly wage drives your award
Under the LHWCA, average weekly wage is the key component used to determine your earning capacity, and therefore the amount of your benefits award. The LHWCA/ DBA sets forth three formulas for determining "average annual earnings," all using the 365 days preceding the injury as the measuring year.
That figure is then divided by fifty-two to arrive at the average weekly wage.
A temporary total disability award
A temporary total disability award is two-thirds of your average weekly wage multiplied by the total number of weeks of your temporary disability.
Permanent Disability Award
Your permanent partial disability compensation is calculated by computing two-thirds of his average weekly wage, multiplying that value by the number of weeks specified for the loss under the schedule and multiplying that amount by the percentage of impairment to his the body part.
This article is part 1 of a 2 part article. Click here for a Case Study of these concepts. (If there is no link, that means we still haven't published Part 2 yet, check back, we will soon)
Call 619-234-2833 or Call Toll Free 866-963-0540 or e-mail us at this website.
Defense Base Act Lawyer Bill Turley, "Always tell the truth when you are bringing a court case for money."
Always tell the truth regarding your Defense Base Act injury claim. Whenever you go into court asking for money your credibility is always at issue. Don't fudge or exaggerate your claim or injuries. You only have one case and you don't get any "do-overs." Don't risk losing your case - - always tell the truth.
We believe in what we do. We protect workers and consumers. We believe our job is to fight hard for you. Our job is to fight hard to help you get past your injuries. Our job is to fight hard to help you and your family maximize your compensation for your injuries.
Work Injury Attorneys The Community Trusts
The Turley Law Firm work injury attorneys are well known through-out the United States and California. Our attorneys are recognized as preeminent lawyers.
A Personal Approach To Winning Your Case
Call 619-234-2833 or Call Toll Free 866-963-0540 or e-mail us at this website.
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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.
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The Turley Law Firm, APLC
625 Broadway, Suite 625
San Diego, CA 92101
Phone: 619-234-2833
Fax: 619-234-4048
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