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Phone: 619-234-2833
The Turley & Mara Law Firm, APLC

How Do I Calculate Average Weekly Wage Under the Defense Base Act?

Offering Defense Base Act Workers Peace of Mind

When you are seriously injured in a Defense Base Act accident, you need to know your attorneys are doing everything they possibly can to get you the best medical treatment and current benefits. You need to know that your legal rights are being vigorously protected. You need to sleep at night knowing you have the best Oakland Defense Base Act lawyer for your case.

 

Oakland's Leading DBA Attorneys

 

No one expects to be injured on the job, but when it happens, obtaining quality medical care and proper benefits is your number one concern. California's leading Defense Base Act attorney, Bill Turley, has aggressively represented 1000's of injured workers, securing the quality medical care and the financial benefits they were entitled to. He can help you too.

"It happens every day.  Defense Base workers with legitimate DBA claims, have thier claims denied - it's called 'Controverted' under the Defense Base Act - for either no apparent reason or based upon a bogus doctor's report.  We strongly recommend you don't wait until after this happens to hire a DBA lawyer."  Oakland DBA Lawyer - Bill Turley

Oakland Defense Base Act Lawyer / Oakland DBA Lawyer

My best advice

My best advice to you is for you to always tell the truth. Always. The truth is very important. Never sugar coat your injury. When bringing a court case, nothing is more important than your credibility. Nothing else is even close. The DBA insurance company lawyer is going to try and make you look like you are not being honest. If this happens, the Judge will rule against you and you will lose. Bank on it. I know I do.

My second best advice

Which brings me to my second best advice. The problem is that in many instances folks get caught in traps left for them by the DBA insurance company.  In other words, they don’t know that they are messing up their case. Happens all the time. Well meaning honest folks get caught in one of the DBA insurance company traps. Do not fall victim to the DBA Insurance company. 

Which is why I strongly suggest that you read my free book - Win Your Defense Base Act Case. You don’t have to believe what I say about it - the book has dozens of 5 Star reviews on Amazon.com.

Win Your Defense Base Act Case is the best investment you are going to make. You can order it free here on this website or you can pay for it by ordering it from Amazon.com.

Also you can check out my podcast at DBAradio.com where i cover important DBA issues.

 


Need help right now?

You can call us at 619-234-2833 or you can fill out the contact form on this web page.

 

State Wide Practice

We are asked by injured DBA workers across California to represent them. We have a State wide practice. We represent injured Defense Base Act workers that live across California.

Bay Area Office: 
275 Battery St. Suite 1300
San Francisco, CA 94111
866 -705-4617

San Diego Office:
7428 Trade St.

San Diego, CA 92121
619-234-2833

Los Angeles Office
3255 Wilshire Blvd, Suite 1801
Los Angeles, Ca 90010
866 -705-4617

 

 

What other people say about us:

Awarded 2011-2017 Super Lawyer

Highest Rated Defense Base Act Lawyer on Avvo.com

Invited Speaker at 2011 Maritime Personal Injury Seminar - spoke on the DBA (the DBA falls under Maritime Law/ LHWCA)

New York TImes Top Attorney 2011

Elected President of the Consumer Attorneys


Why Fantastic Ratings, Great Reviews, Awards, Teaching, and Leadership Are A Benefit To You

We don't mean to suggest the only way someone can be a really good lawyer is to have fantastic ratings, get great reviews, win prestigious lawyer awards, be asked to teach other lawyers at lawyer seminars and be elected to lead lawyer organizations. What these things do mean is that people that do know good lawyers from bad lawyers have chosen us for these honors. Let's make sure you understand. Not all lawyers are alike. Not all lawyers are honest. In fact, few lawyers are the "best lawyer" for you and your case.

 

Oakland Defense Base Act Lawyer

We can help today. We can help if an accident has left you injured or disabled. Don't let an insurance company intimidate you into accepting a denial of your claim or a low settlement offer. Call 619-234-2833 or toll free at 866-705-4617.

 


DBA Employers We Win Against

Examples of some of companies we see are Halliburton, Bechtel, Dyncorp, Kellogg, Triple Canopy and Brown & Root (KBR), SEII, and many more.

 

Calculating Average Weekly Wage Under the Defense Base Act

Average Weekly Wage is perhaps the most heavily litigated issue for Defense Base 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 Defense Base 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 Defense Base 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 Defense Base 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 DBA 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.

 

Call Toll Free 866-705-4617

Protect your rights to appropriate medical care and financial compensation.

 

Successfully Representing Seriously Injured Oakland Workers Since 1987

We have successfully represented seriously clients seeking compensation for work site injuries, construction accidents, repetitive stress injuries, and industrial diseases. We have the skill and experience to handle your Defense Base Act matter whether you are seeking temporary total disability benefits, medical benefits, permanent disability benefits, or death benefits. In addition, we have experience representing clients in many different procedural settings: including depositions, hearings, trials, and and in lump sum settlement negotiations.

We have many years of experience handing Defense Base Act matters and third party injury cases. Let us put our tradition, insight, and experience to work for you.

 

Many DBA workers face grave danger on a daily basis

 

Oakland Defense Base Act Lawyer / Oakland DBA Lawyer

Do I really need a Defense Base Act Lawyer

While you aren't required to have an attorney to file for a Defense Base Act claim, it is in your best interest to do so. If you are about to file for Defense Base Act benefits, if your claim has been denied, or your benefits have been reduced or terminated don't wait to call us. Please call us, so we can help you or your family member receive a just settlement for workplace injuries.


Defense Base Act Claims

If you have been injured due to an on the job injury, , whether in a war zone, on a construction site or in a motor vehicle accident on an Iraqi roadway , you want an experienced attorney who will help you get vital medical treatment and full and fair compensation for all your injuries.

At the Turley & Mara Law Firm, APLC lawyers from our firm have represented men and women from Oakland since 1987. Contact us so we can begin to help you.

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