LOSS OF EARNING CAPACITY
LOUISIANA OFFSHORE ACCIDENT ATTORNEY
All claims of injury and/or death made by maritime employees or their families should be evaluated for potential coverage under the Jones Act. If you are unsure about whether you are covered by the Jones Act, it may be in your best interest to contact a qualified Jones Act attorney to explore your legal rights and discuss your options for financial compensation. The Law Offices of L. Clayton Burgess can provide you with a FREE consultation.
Types of Damages Recoverable Under the Jones Act
Maritime workers who are injured or killed as a result of negligence often suffer significant and life-changing damages and losses. The Jones Act covers damages that result from:
- Medical Expenses and Rehabilitation
- Past and Future Wage Loss
- Occupational Training or Retraining
- Past and Future Pain and Suffering
- Loss of Consortium
- Lost Future Earnings and Lost Earning Capacity
In addition to earnings lost in the past and the present, injured seamen may be entitled to sue for the wages they expected to earn in the future if they had not been hurt. In maritime law, there are two related sets of calculations: lost future earnings and lost earning capacity.
The concept of lost future earnings is used to calculate how much would have earned in salary and benefits if they had not been injured in a work-related accident. It’s harder to determine lost future earnings than actual lost earnings because of the amount of variables involved. In the case of the former, the amount of salary and benefits are already known. But figuring out what someone would have earned over time is more complex, and typically includes the following:
- Recovery Expectations: Recovery of the injuries will be assessed thoroughly when figuring lost future earnings, including what can be realistically expected once the seaman is able to return to work.
- Analysis of Potential Future Promotions and Pay Increases: This area covers what the seaman could have reasonably expected as far as increase in pay and/or future promotions.
- Work Life Expectancy: This is an estimate of how long seamen would have worked if they had not been injured. Calculating work life expectancy involves statistical studies regarding gender, age, race, educational background and how those factors determine the average work life expectancy.
In most cases, legal action under the Jones Act allows for significantly greater compensation to victims of maritime negligence than under the Longshore Harbor Workers Act or State Workers Compensation Acts.
If you believe you may be entitled to financial compensation under the Jones Act of 1920 (also known as the Merchant Marine Act of 1920),
CALL the Louisiana attorneys at the law firm of L. Clayton Burgess. Their expertise in conducting thorough investigations will assist you in pursuing a claim to obtain a recovery. Call today at (337) 234-7573 or toll free (877) 234-7573