“Ill tell you what the public likes more than anything. It’s the rarest commodity in the world-honesty”- Merle Haggard
The First Step
The Best thing you can do for you and your family while dealing with your Longshore Case, is to always tell the truth. No matter what. Your case depends on your honesty. If a judge suspects you are not being honest , then your case will be thrown out.
I have seen it many times in court. Trust me. Do not start a little white lie. Just be honest with your attorney and honest about your injury, and you will be better off.
The Next Step
It is full of helpful and useful information that will teach you what to do and not what to do when handling your Longshore Act Case.
Longshore Act Average Weekly Wage Calculation
Average Weekly Wage is perhaps the most heavily litigated issue for Longshore Act litigation. Average weekly wage (or AWW) is the one area where you can really lose money by being taken advantage of by the insurance claims adjuster. Here is an example.
Suppose you have earnings of $68,456.78 for the 52 weeks prior to your injury. You are a 5 day a week worker and you worked 245 days the year before.
52 weeks - Earned $68,456.78
Most Longshore adjusters will calculate your AWW with basic math:
$68,456.78 divided by 52 = $1,316.47
$1,316.47 x 2/3 = $877.65
Thus, an $877.65 compensation rate..
Not exactly. You do it this way, and you might very well be leaving your families money with the Longshore Act insurance carrier.
Who do you think needs the money more - your family or the insurance company? That is what I thought. You don't want to be that guy or girl.
What am I talking about?
The foregoing was not the correct way to determine AWW in all circumstances.
Let me show you that way the Dept. of Labor trains their Examiners to determine AWW under the Longshore Act.
First, you need to determine how many days you worked in the 52 weeks previous to your injury. For this example, you worked 245 total days the year before you were injured.
Then, take total earnings for that 52 week period. In this case - $68,456.78.
Then take $68,456.78 divide by the 245 days actual worked.
$68,456.78 divided by 245 days = $279.41
Results in an Average Daily Wage of $279.41.
Then, multiple that figure by 260 days.
$279.41 x 260 (because you are a five day a week worker) = $72,646
Then divide by 52 weeks - - this results in an average weekly wage of $1,397.05.
$1,397.05. x's 2/3 = $931.36
Remember calculate AWW the way the L&H insurance adjuster says: Compensation Rate of $877.65.
Do it the way the Department of Labor recommends: $931.36
Which results in a difference of $53.71 per week.
Discuss your case with a US LHWCA Lawyer in San Diego.
The Turley & Mara Law Firm, APLC 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 Longshore 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.
Call us (619) 234-2833
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley