
Longshore Act Average Weekly Wage Calculation
San Diego L&H Lawyer
San Diego L&H Attorney
Best San Diego Longshore Act Lawyer
Best San Diego Longshore Act Attorney
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..
Fine right?
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 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 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.
Contact The Turley Law Firm today to discuss your case
with a US L&H San Diego Lawyer.
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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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