subject: Dba Attorney Straight Talk: Defense Base Act & Average Weekly Wage (aww) [print this page] DBA Attorney Straight Talk DBA Attorney Straight Talk
If you are a seriously injured Defense Base Act worker - you need to know the truth about the DBA and your Defense Base Act claim. In this series of "DBA Attorney Straight Talk" articles, we give it to you straight. No double talk. No Attorney talk. Just good old fashioned, unsweetened, unvarnished, unabashed truth.
If you Google "Defense Base Act Attorney Straight Talk" or "Defense Base Act Attorney Straight Talk" you will find dozens of great articles by a DBA Attorney that will help you win your DBA case.
One Year Contract
Under the Defense Base Act - in some circumstances - your Average Weekly Wage can be based solely on your overseas earnings. When you (read: DBA worker) have a one year contract and you were injured before you completed the one year contract, your Average Weekly Wage (AWW) can be calculated solely on your overseas earnings. Which, of course, results in a higher Average Weekly Wage because your overseas earnings are always higher than your state-side earnings.
Danger And Risks
Defense Base Act courts have recognized the dangers and risks faced by DBA workers. The reality is DBA employer's pay higher wages in order to provide incentive for DBA workers to work under these hazardous conditions. Since DBA workers are being paid higher wages in order to encounter these hazards and risks, the courts have held DBA workers' earning capacity should be calculated based upon the full amount of the earnings lost due to the injury. Which, again, results in a higher Average Weekly Wage.
Contracts Less Than One Year
In a recent case, a DBA employee with a six month contract was seriously injured in a bomb explosion. The sole issue in the case was Claimant's Average Weekly Wage. The court upheld that the Administrative Law Judge using a blend between the earnings in Afghanistan and the earnings from work in the United States in the year before the worker's injury.
The key here seems to be the six month contract as opposed to a one year contract. In other words the court here focused on the previous cases holding that only in country (here - Afghanistan) earnings are used to calculate average weekly wage.
The DBA Is Wages Driven
Please make no mistake about this. The DBA is wages driven. Meaning, your benefits are determined by your wages. Or, your AWW determines the amount benefits you will receive. Using a blend between your overseas earnings and your state-side earnings means you will have a lower AWW and will result in less food on your family's table. It really is that simple.
Disclaimer
This article is not legal advice. Your case, situation and/or circumstances may differ from those described in this article. If you are a seriously injured Defense Base Act worker, you should hire the best DBA Attorney you can find. Whenever you are bringing a court case, your credibility is always at issue. Always tell the truth.
