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
If they had not been hurt, injured seamen may be entitled to wages they expected to earn in the future as well as earnings already lost. Two related sets of calculations in maritime law are: lost future earnings and lost earning capacity.
Lost future earnings is used to calculate benefits and salary if a seaman had not been injured in a work-related accident. It is more complex to determine lost future earnings than actual lost earnings because of the variables involved and typically includes the following:
- Recovery Expectations: Recovery of the injuries is assessed when calculating lost future earnings, including what can be realistically expected when the seaman returns to work.
- Analysis of Pay Increases or Potential Future Promotions: Increase in pay or future promotions is covered with this calculation.
- Work Life Expectancy: If the seaman had not been injured, this is an estimation of how long they would have worked calculated using statistical studies relating to 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 Act.
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 Law Offices 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