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A Case Study - - Calculating Scheduled Injuries Under the LHWCA

"We give it to you straight. We may even tell you something you'd rather not deal with. But it will be the truth. The unvarnished, unsweetened, unabashed truth. With no sugar added." - Longshore Attorney - Bill Turley

Longshore Lawyer I Longshore Attorney I Longshore Attorney - Bill Turley

My Best Advice

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.

My Second Best Advice

Order my free book, Win Your Injury Case: The Ultimate No B.S. Guide To Avoiding Insurance Company Tricks That Ruin Your Case [ even before you hire a lawyer] 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.  Do your research folks, and you will succeed in court.

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Calculating Scheduled Injuries Under The LHWCA

Under the Lonshore Act there are scheduled and unscheduled injuries. Under the LHWCA, a scheduled injury is an injury to a body part which is listed in a schedule in the LHWCA. For example:

(1) An arm lost is 312 weeks' compensation.

(2) A leg lost is 288 weeks' compensation.

(3) A hand lost is 244 weeks' compensation.

(4) A foot lost is 205 weeks' compensation.

As you can see, each scheduled injury carries a certain number of weeks under the schedule.

It's Wage Driven

The Longshore Act is wage driven. Meaning, that the money benefits that you are entitled to are determined by your Average Weekly Wage and your corresponding Compensation Rate. While you are temporarily disabled (Temporary Total Disabled or Temporary Partially disabled) you are entitled to weekly compensation benefits. Once you reach maximum medical improvement (MMI) then you may be entitled to permanent disability monies.

Generally, the American Medical Association Guides to the Evaluation of Permanent Impairment are used to determine your percentage of permanent physical impairment.

A Case Study - A Lasher Has A Knee Injury

A longshoreman has an injury to their right knee while lashing. The treating physician finds the longshoreman has reached maximum medical improvement with a 34% AMA Impairment of the lower extremity. The longshoreman has an Average Weekly Wage of $1,423.18.

$1423.18 x 2/3 = $948.78 Compensation Rate

.34 x 288 weeks = 97.92 weeks

97.92 weeks x $948.78 = $92,904.53

Thus, the scheduled injury has a permanent disability value of $92,904.53. Future medical and/or unpaid/ under paid TTD must also be determined in order to calculate a final settlement value.

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

William Turley
“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”

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