If you were injured while working at sea, then you may be able to make a claim under the Jones Act. This Act gives injured seamen a legal avenue to recover compensation for medical expenses and other damages that result from on-the-job injuries.
In addition to compensation for health-care bills, injured seamen may also be entitled to damages for lost earnings. The claimant may be able to recover compensation for past lost earnings, future lost earnings, and the loss of earning capacity.
Recovering compensation from an injury claim under the Jones Act is a legally complex process. This is especially true if the injured party wants to claim for loss of future earning capacity. An accident lawyer can evaluate your case and help you avoid mistakes during the claims process.
If you were injured while working at sea, contact an Alexandria injury lawyer from Morris Bart, LLC. We can gather evidence, structure your claim and handle settlement negotiations on your behalf.
Call 800-537-8185 to schedule a consultation. Until then, read on to learn how your accident lawyer may calculate lost earnings under the Jones Act:
Recovering Lost Earnings under the Jones Act
According to Cornell University Law School, if a seaman is injured in the course of employment, then he or she has a right to trial by jury against the employer. During this process, the injured seaman may be able to claim earnings that the seaman lost or is losing. He or she can also claim future loss of earnings due to a long-term injury. The claim may include compensation for future benefits such as vacation time, health insurance, pension and 401(k) contributions.
The claimant may have to calculate past lost earnings, future lost earnings, and lost earnings capacity. This is often a complex financial calculation, which is why it may be wise to consult an accident lawyer.
Past Loss of Earnings
Calculating past lost earnings is a relatively simple process. The seaman must add all the earnings and employment benefits that he or she did not receive due to not working. These include his or her annual salary and any fringe benefits.
Future Loss of Earnings
Calculating lost earning capacity and future lost earnings is a more complex process. Your injury lawyer may elect to hire an economist to calculate the various losses.
In general, the economist will look at your yearly salary and benefits at the time of the accident. He or she will then calculate how much less you will be able to earn as a result of the injury. The difference between these two figures, calculated over the remainder of your work life expectancy, will represent your lost earning capacity.
The next step in the process is to establish your work life expectancy. Your work life expectancy represents how many more years you will work. According to the Journal of Forensic Economics, the federal government usually determines work life expectancy based on government statistics and several criteria including sex, age, race and education.
If you were in an accident on a boat, an Alexandria injury lawyer from Morris Bart, LLC can evaluate your injuries, gather evidence and handle settlement negotiations. Schedule a consultation today by calling 800-537-8185.