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Self-Employment Can Affect Compensation Under the Defense Base Act

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Defense Base Act Attorney - DBA Lawyer

What is Your DBA Earning Capacity as A Self-Employee

In DBA cases, “wage earning capacity” is defined as the employee’s ability to earn regular income. Many insurers rely on a basic formula involving the employee’s gross earnings minus income tax deductions to calculate earning capacity.

But this formula can be pretty inaccurate especially if a contractor covered by the DBA is self-employed. When you are owning your own business there are factors that affect your earned wages. So they affect your wage earning capacity and should be a part of the DBA formula. 

These factors can include:

  • Earnings: Wage earning capacity should only be based on income derived from labor after the injury occurred. In cases where workers own and manage a sole proprietorship, money earned may be considered a salary.

 

  • Profits: Profit from business ownership should not be included in determining earning capacity, since ownership interests and dividends aren't earned through “personal labor.” And the DBA formula should subtract business expenses like office/store rent, employee salaries, office/business supplies, etc. from overall earnings.

 

  • Value of work: Some courts have found, that instead of relying on a self-employee's earnings, estimating the cost of hiring another person with similar skills and experience to perform the work produces a more useful result of the DBA formula

 

If there is a dispute about what constitutes wages and income under the DBA, claimants should know that the purpose of the calculation under the maritime law is to estimate an injured worker’s potential wages on the open labor market. There are many different ways to compare self-employment to earnings on the open market, and each one can affect the amount of the benefits you receive. 

If you want to learn more about how being self-employed can affect your DBA benefits get your FREE copy of Win Your Defense Base Act. Or check out our DBA article library on The Turley Law Firm website. 

 

 

Need help right now?

 

Call us at 619-304-1000  - If you call after regular business hours, when you leave a message, be sure to repeat your name and telephone number twice, so we get it correctly. And be sure to indicate whether it's okay if we respond by text.

 

Text us at 858-281-8008 - Be sure and put "new DBA case" in your text.

 

Or you can leave us a message on this web page.

 

 

This article isn't legal advice

 

These discussions and/or examples are not legal advice. All legal situations are different. These testimonials, endorsements, photos and/or discussions do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, or your particular case/ situation. Every case is different. There are any number of reasons why DBA cases are not won and/or are not as successful folks might have hoped for.

 

Just because we have gotten great results in so many other Defense Base Act cases, doesn't guarantee in particular result in other cases. Including, your DBA case. Every case is different.

 

William Turley
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“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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