California LHWCA Lawyer: What Are Wages Under The Longshore Act?
The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal law that requires employers to provide compensation for employees who suffer from work-related injuries or illnesses. The Act covers longshore and harbor workers, as well as other individuals who work on navigable waters, such as marine construction workers and shipyard workers.
One of the most important aspects of the LHWCA is the requirement that employers provide compensation for lost wages due to work-related injuries or illnesses. However, determining what wages are covered under the Act can be a complex and confusing process. Fortunately, an experienced California LHWCA lawyer can help injured workers understand their rights and obligations under the Act, and can provide valuable guidance throughout the claims process.
Types of Wages Covered Under the LHWCA
Under the LHWCA, eligible workers can receive compensation for any loss of wages that results from a work-related injury or illness. This includes both past and future lost wages, as well as any other benefits or payments the worker may have received or will receive as a result of the injury or illness.
When calculating lost wages, there are several different types of wages that may be considered. These can include:
Regular wages: The worker's regular rate of pay, including any overtime, bonuses, or other forms of compensation that they would have earned if they had not been injured.
Average weekly wage: The worker's average weekly earnings over the 52 weeks prior to their injury or illness. This can include any bonuses, commissions, or other forms of compensation that are normally part of the worker's regular compensation.
Hourly rate: If the worker is paid hourly, the hourly rate is used to calculate their compensation. This rate is usually based on the worker's average hourly earnings over the 52 weeks prior to their injury or illness.
Minimum weekly benefit: The LHWCA requires a minimum weekly benefit to be paid to workers who are injured or become ill on the job. In 2021, the minimum weekly benefit is $245.
Maximum weekly benefit: The maximum weekly benefit is capped at 200% of the national average weekly wage, which is adjusted annually. In 2021, the maximum weekly benefit is $1,508.
It is important to note that the LHWCA does not cover wages that are paid under the table or other types of unreported income. It also does not cover non-wage benefits, such as health insurance or retirement benefits.
Calculating Lost Wages
Calculating lost wages can be a complex process, and there are several factors that must be taken into account to ensure that the worker receives the compensation they are entitled to. Some of the factors that may be considered when calculating lost wages include:
The worker's pre-injury or illness earnings
The worker's post-injury or illness earnings, if any
The worker's age and education level
The worker's earning capacity, both before and after the injury or illness
The worker's job skills and experience
The worker's ability to return to their previous job or to work in a different capacity
In some cases, vocational rehabilitation may also be required to help the worker return to work or to find a new job after their injury or illness. The cost of vocational rehabilitation may also be included as part of the worker's compensation.
Why You Need a California LHWCA Lawyer
If you have been injured or become ill as a result of your work on navigable waters, it is important to seek the help of an experienced California LHWCA lawyer as soon as possible. An attorney with experience in LHWCA claims can help you navigate the complex claims process and can provide valuable guidance and support throughout the process.
Some of the ways a California LHWCA lawyer can help you include:
Helping you file your claim in a timely and accurate manner
Gathering all the necessary documentation, such as medical records and wage statements
Advising you on your legal rights and obligations under the LHWCA
Negotiating with the insurance company to ensure that you receive fair and just compensation
Representing you at hearings or in court, if necessary
If you have suffered a work-related injury or illness on navigable waters, don't try to navigate the claims process alone. Contact an experienced California LHWCA lawyer today to learn more about your rights and obligations under the Act, and to get the help and support you need to move forward.