"When I seek professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure you do also. I always use plain English, with no B.S. lawyer talk, and no double talk." - Defense Base Act Lawyer - Bill Turley
My Best Advice for you and your DBA case
No matter what, the first thing you should do is always tell the truth from the beginning. Never tell a lie. To the insurance adjuster, to your doctor, to your lawyer and/or to the judge. Never exaggerate anything. Always be upfront and honest with the DBA Doctor about your injuries.
Calculating Permanent Disability For An Unscheduled Injury
Permanent disability under the DBA for unscheduled injuries is a wage loss concept. You need to compare your Average Weekly Wage before your injury to your Average Weekly Wage after your injury. In other words you are comparing your pre-injury earnings to your post-injury earnings.
You need to determine whether you have an unscheduled injury or a scheduled injury. Assuming you have an unscheduled injury, then the analysis is as follows:
Are You Able to Return to Your Usual and Customary Employment Without Suffering Any Wage Loss?
In other words, are you able to perform all of your regular work? If so, unless the injury causes you to lose income; then you are probably not entitled to any permanent disability under the Defense Base Act. If you are unable to return to your usual and customary employment as a Defense Base Act worker due to your injuries; then you may be entitled to permanent disability monies under the DBA.
Determine Your Average Weekly Wage (AWW)
For example, say your average weekly wage is $2,100 per week.
Determine Your Wage Earning Capacity Post Injury
For example, if you are unable to return to work as a DBA worker. Instead, you now are able to earn $600 per week based on your disabilities, education, training, abilities and background. The key is to focus on you. What you can do? And the jobs that you can perform.
$ 2,100 Average Weekly Wage - $ 600 (what you can earn now) = $ 1,500 Post injury earning capacity
Multiple Times 2/3's
$ 1,500 x 2/3 = $999.99
Thus, you are entitled to $999.99 a week for the rest of your life. This is your permanent disability award under the DBA.
The DBA Insurance Company Will Get A Labor Market Survey
However, don't get too excited quite yet. The DBA insurance company will no doubt get a Labor Market Survey indicating that you can make over $1,000 per week, or more. Or the DBA insurance company will get a doctor to say you are fine, back to work, with no loss of wage earning capacity. Or both. However, most Labor Market Surveys are seriously flawed. This is an area where a good DBA Attorney will really help you save money.
We are asked by injured DBA workers across the United States (and the world) to represent them. We have a nationwide practice. We represent injured overseas civilian contractors that live across America and the world. We are the largest one Defense Base Act Law Firm in the Western United States and one of the two largest in the world.
We are based in San Diego, California. This is a benefit to you. Few Defense Base Act lawyers have been handling DBA cases longer than Bill Turley. The Defense Base Act falls under the Longshore and Harbor Workers Compensation Act. (Longshore Act). Bill Turley has been handling Longshore Act cases since 1987. Because San Diego has the largest shipyard on the west coast with thousands of shipyard workers, Bill gained valuable experience with these cases long before the United States sent civilian workers to Iraq and Afghanistan.
The Next Step
And check out the 5 Star Amazon Reviews before you do. On amazon.com you will read dozens of 5 Star reviews of my book.
Need Help Today?
Call our office today at 619-304-1000. Our staff is here to answer any questions you might have. We are here to Help.
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