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The Turley & Mara Law Firm, APLC

Suitable Alternate Employment (Are You Doing Everything Possible In Order To Win Your LHWCA Case?) Part 1

"We don't pull punches. If you want beating around the bush - you have come to the wrong place. If you want brutal, frank truth, no matter what - stick around. Check out our stuff." Longshore Lawyer - Bill Turley

Longshore Lawyer Straight Talk: Suitable Alternate Employment Revisited (Are You Doing Everything Possible In Order To Win Your LHWCA Case?) Part 1

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

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.

Suitable Alternate Employment (Are You Doing Everything Possible In Order To Win Your LHWCA Case?) Part 1

In this series of articles we discuss "suitable alternate employment." Don't get blinded by the technical terms. Because we explain it all to you. This is really important stuff, so listen up. This series of articles will help you put food on your family's table. This is Part 1 of a 2 part series.

What If You Can't Go Back to Work Earning the Kind of Money You Did Before?

When you are seriously injured on your Longshore job and can't return to your work as a longshoreman or a journeyman shipyard worker, your economic future is in huge question. If you can't make the money you used to what are you going to do? If this happens to you and your family, you have to make sure you are doing everything possible in order to win your Longshore case. We see lazy or mis-informed Longshore Lawyers not making sure their clients are doing everything possible to win their case.

If you think that, "Hey, I hired a lawyer - let them do all the work to win my case;" then you are in for a rude awakening. Because at the end of the day - you may very well have lost your case based upon what you did or did not do. Seriously, your lawyer's job is to tell you what you need to do in order to put you in a position to prevail in your Longshore case. However, in many instances, this is going to fall on your shoulders. Many Longshore Claimants win or lose based upon what the Claimant (read: you) did or did not do.

Suitable Alternate Employment

Under the Longshore Act, once you have established that your work related injuries prevent you from returning to your usual and customary employment, the burden shifts to the insurance company to demonstrate suitable alternate employment. Stated differently, once you have shown that your work-related injury prevents you from performing your usual work, the burden shifts to the Longshore insurance company to establish the availability of realistic job opportunities within the geographic area where you reside. The insurance company must prove you are capable of performing these specific jobs considering your age, education, work experience, and physical restrictions.

The insurance company must point to actual jobs that you can perform. In addressing the availability of suitable alternate employment, the Judge must compare your restrictions and vocational factors with the requirements of the positions identified by the insurance company in order to determine whether insurance company has met it's burden.

Remember, this is Part 1 of a 2 Part series. Be sure to check out Part 2. This is the kind of information that you will need to win your Longshore case.  Attorney Straight Talk Suitable Alternate Employment and Your Labor Market Survey Meeting Part 2

Nation Wide Longshore Practice 

We are asked by injured Longshore workers across the United States  to represent them. We have a nation wide practice. We represent injured Longshore workers that live across America.  We can help you and your family too.

We are based in San Diego, California.  This is a benefit to you.  Few Longshore lawyers have been handling Longshore cases longer than us.  Bill Turley has been winning Longshore cases since 1987.  Because San Diego has the largest shipyard on the west coast with thousands of shipyard workers and San Diego has Longshoreman,  Bill has gained valuable experience with these cases. That experience helps him win Longshore cases.  Today, Bill has the most wide spread Longshore practice in California, with clients from Oakland, San Francisco, Stockton, Los Angeles, Long Beach and San Diego.

America’s Leading Longshore Attorneys

San Diego Office

7428 Trade St.
San Diego, California 92121

Oakland Office

1300 Clay Street, Suite 600
Oakland, CA 94612
(510) 858-2822

San Francisco Office

275 Battery St. Suite 1300
San Francisco,  California, 94111

Los Angeles Office

3255 Wilshire Blvd, Suite 1801
Los Angeles, California  90010

What Others Say About Us

2011 - 2017 Super Lawyer
Highest Rating Avvo.com San Diego  San Francisco
Chosen as Top 10 Personal Injury Attorney in San Diego
President Consumer Attorneys of San Diego

New York Times Top Attorney 

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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