subject: Longshore Lawyer Straight Talk: Calculating Scheduled Injuries Under The Lhwca - A Case Study [print this page] Longshore Lawyer Straight Talk Longshore Lawyer Straight Talk
Longshore Lawyer Straight Talk is a series of articles where we give you an insiders view of the Longshore Act by a Longshore Lawyer. We give it to you straight. We may even tell you something you rather not deal with. But it will be the truth. The unvarnished, unsweetened, unabashed truth. With no sugar added.
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 All 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
This Longshore Act article is not legal advice. I am simplistic in order to achieve clarity. Your case, situation and/or circumstances may be different from those described in this Longshore article. Whenever you go to court and ask for money your credibility is always at issue. Always tell the truth. Always.
Finally, if you are a seriously injured Longshoreman and/or Harbor Worker you are strongly advised to hire the best Longshore lawyer you can find.
