This article concerns Scheduled Injuries under the Defense Base Act. One thing you need to realize is the insurance company's adjusters and attorneys all know the law, the nuances and the ways to keep you from getting the DBA benefits you are entitled to under the law.

Scheduled Disability Under the Defense Base Act
How Do I Calculate My Scheduled Disability
Under the Defense Base Act?

The Defense Base Act provides workers' compensation benefits to civilian employees working outside the United States on US military bases or under a contract with the U.S. government for public works or for national defense. There are two basic types of injuries under The Defense Act: Scheduled Injuries and Unscheduled Injuries. This article concerns Scheduled Injuries under the Defense Base Act.

Injuries to the following body parts are considered Scheduled Injuries:

(1) Arm lost, three hundred and twelve weeks' compensation.
(2) Leg lost, two hundred and eighty-eight weeks' compensation.
(3) Hand lost, two hundred and forty-four weeks' compensation.
(4) Foot lost, two hundred and five weeks' compensation.
(5) Eye lost, one hundred and sixty weeks' compensation.
(6) Thumb lost, seventy-five weeks' compensation.
(7) First finger lost, forty-six weeks' compensation.
(8) Great toe lost, thirty-eight weeks' compensation.
(9) Second finger lost, thirty weeks' compensation.
(10) Third finger lost, twenty-five weeks' compensation.
(11) Toe other than great toe lost, sixteen weeks' compensation.
(12) Fourth finger lost, fifteen weeks' compensation.
(13) Loss of hearing:
(A) Compensation for loss of hearing in one ear, fifty-two weeks.
(B) Compensation for loss of hearing in both ears, two-hundred weeks.


Everything else is considered an Unscheduled Injury under the Defense Base Act.

Generally, you are entitled to a Scheduled Award if you have a Scheduled Injury. A formula is used to determine the amount of the award. The formula relies on an AMA Impairment.


AMA Impairment

The number of weeks of impairment under the AMA Guides to Evaluation of Permanent Impairment needs to be determined by a physician. Hopefully, your treating physician. This is a "must." You can not receive any monies for permanent disabilities for a scheduled injury under the LHWCA without such an AMA Guide Impairment Rating.

Here, we will discuss a Defense Base worker in Iraq. His left arm was seriously injured by shrapnel. He has a 65% AMA Impairment of his arm.

You first need to determine the number of weeks of compensation for the arm: An arm is 312 weeks.


65% x 312 weeks = 202.8 weeks


Assuming an Average Weekly Wage of $1,123.89 and a compensation rate of $749.25.


202.8 weeks x $749.25 = $151,947 in permanent disability.


This may sound straightforward. However, it is not. You are usually up against wily DBA insurance adjusters that may under calculate your AWW or send you to doctors that will give low permanent disability. Or the doctor will release you to early. Or try and deduct unsubstantiated permanent disability advances.

One thing you need to realize is the insurance company's adjusters and attorneys all know the law, the nuances and the ways to keep you from getting the DBA benefits you are entitled to under the law.


It's all about the truth

Finally, always tell the truth. When you come into court asking for money, your credibility is always at issue. If you get caught in a lie, you will probable lose your case. So it's simple, always tell the truth.


Disclaimer:

This article is not legal advice. Any resemblance to real persons or situations is purely coincidental. I am simple in order to achieve clarity. You should consult with a Defense Base Act Attorney if you have a Defense Base Act Claim.

San Diego Defense Base Act Lawyer
San Diego Defense Base Act Attorney

San Diego DBA Attorney

San Diego DBA Lawyer

California Defense Base Act Lawyer

California Defense Base Act Attorney



Bulgaria, Bezmer Air Base, Graf Ignatievo Air Base, Germany, Ansbach, NATO Air Base Geilenkirchen, Geilenkirchen, Germany, Ramstein Air Base, Spangdahlem Air Base, Greenland, Thule AB, Guam, Andersen Air Force Base, Italy, Aviano Air Base, San Vito dei Normanni Air Station, Japan, Kadena Air Base, Okinawa Prefecture, Misawa Air Base, Misawa, Aomori, Yokota Air Base, Tokyo, South Korea, Kunsan Air Base, Osan Air Base, Kyrgyzstan, Transit Center at Manas, Bishkek, The Netherlands, Joint Force Command Brunssum, Portugal, Lajes Field, Azores, Spain, Morón Air Base, Andalusia, Morón de la Frontera, Andalusia, Turkey, Incirlik Air Base, United Kingdom, RAF Lakenheath, Brandon, Suffolk, RAF Menwith Hill, Yorkshire Dales, RAF Mildenhall, Mildenhall, RAF Croughton, Upper Heyford, RAF Alconbury, Cambridgeshire, Aytos Logistics Center, Novo Selo Range, Campbell Barracks, Heidelberg, Conn Barracks, Ledward Barracks, Schweinfurt, Vilseck, Grafenwoehr, Landstuhl, Vogelweh, Patrick Henry Village, ROB, Kapaun, Stuttgart, Bamberg, Mannheim, Baumholder, Iraq, Afghanistan, Caserma Ederle, Vicenza, Camp Darby, Pisa-Livorno, Camp Zama, Tokyo, Kuwait, Kosovo, South Korea, Camp Rhino, Registan Desert, Kandahar International Airport, Cuba, Marine Corps Detachment, Guantanamo Bay Naval Base, Djibouti, Marine Corps Security Detachment, Camp Lemonier, Camp Panzer Kaserne, Böblingen, Forward Operating Base Abu Ghraib, Abu Ghraib, Al Asad Air Base, Baghdadi, Al Taqaddum Air Base, Habbaniya, Camp Baharia, Fallujah, Camp Gannon, Husaybah, Blue Diamond, Ramadi, Camp Ramadi, Ramadi, Marine Corps Base Camp Smedley D. Butler, Okinawa, Camp Courtney, Camp Foster, Camp Gonsalves (Jungle Warfare Training Center), Camp Hansen, Camp Kinser, Camp Lester, Camp McTureous, Camp Schwab, Marine Corps Air Station Futenma, Okinawa, Marine Corps Air Station Iwakuni, Yamaguchi Prefecture, Camp Fuji, Shizuoka Prefecture, Yomitan Auxiliary Airfield, Camp Arifjan, Kuwait City, British Indian Ocean Territory, Diego Garcia, Guantanamo Bay Naval Base, Rota Naval Station, United States Fleet Activities Yokosuka, United States Fleet Activities Sasebo, Naval Air Facility Atsugi, Naval Forces Japan, Okinawa, Naval Base Guam, Bahrain, Naval Support Activity Bahrain, Naval Detachment Dubai, Naval Support Activity Naples, 6th fleet/Command Navy Europe U.S. 6th Fleet, Naval Air Station Sigonella, Naval Support Activity Geata, Greece, Naval Support Activity Souda Bay, Souda Bay, Crete, Commander Naval Forces Korea Chinhae, South Korea


Practice Areas:


    ©2010 The Turley Law Firm, All Rights Reserved
    The Turley Law Firm website and all its contents are copyrighted. All articles, photos and graphics may not be reproduced, republished, retransmitted or redistributed without prior written permission.

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.


Work Accident Lawyer San Diego l  San Diego Jones Act Attorney I San Diego Boat Accident Attorney I San Diego Ship Accident Attorney I San Diego Longshore Act Attorney I San Diego Defense Base Act Attorney I San Diego Product Liability Attorney I San Diego Wage and Hour Class Action Attorney, San Diego Toyota Attorney I San Diego Catastrophic Injury Attorney I San Diego Disability Insurance Attorney I San Diego Unum, Unumprovident & Paul Revere Attorney

 

Bookmark and Share

Name:

Phone:

Email:

Tell us more:


The Turley Law Firm, APLC
625 Broadway, Suite 625
San Diego, CA 92101
Phone: 619-234-2833
Fax: 619-234-4048

Get Directions

Video Library

Defense Base Act (DBA):

view all

©2010 The Turley Law Firm, All Rights Reserved, Reproduced with Permission
Attorney website design by Foster Web Marketing, the best attorney website design solution on the Web offering search engine optimization for attorneys, lawyer website design, video for attorneys, and more.
Get SEO Tips from The Attorney Internet Marketing Blog