How To Figure Out Your Average Weekly Wage For Longshore Injuries

Average weekly wage questions for workmans comp?

I have answers.

There is a Court in our area that is the one of the ultimate deciders on how this is calculated.

It is called the Fifth Circuit Court of Appeals.

What The Fifth Circuit Court Of Appeals Says About Your Average Weekly Wage For Longshore Injuries

You may be wondering, how do you figure out what you should get paid when you get hurt a work?

Unfortunately, you do not get your entire wages.

Instead, the lawmakers have passed laws that limit what insurance companies have to pay you when you get hurt at work.

You are probably wondering why.

I’ll tell you: it is because most legislators are bought and paid for by insurance companies.

Any claim to the contrary is absolute nonsense.

How To Figure Out Your Average Weekly Wage For Longshore Injuries

Let’s talk about how to figure out your average weekly wage, which is what helps determine how much you get paid if you get hurt at work.

I wish I could tell you this was easy to do.

It is not.

There are mountains of lawsuits and cases over average weekly wage.

You would think it would be simple.

But, insurance companies don’t want to make things easy and simple for you.

They want to make it harder and pay you little to nothing.

I always say insurance companies are like bookies, whether you win or lose, they always win.

Anyway, let’s assume you work at shipyard, for example, Ingalls Shipyard in Pascagoula, Mississippi.

Let’s also assume you are actually working on a ship (there are jobs out there where you may or may not be what is called a Longshoreman).

Let’s also assume that you worked at Ingalls Shipyard for at least 52 weeks before you were hurt.

Since you work on a ship out there, usually, you are considered a Longshoreman.

This means we have to look at federal law to determine your average weekly wage.

Specifically, we have to look at what is called the Longshore Harbor And Worker’s Compensation Act, 33 United States Code.

More specifically, we have to look at a statute from the United States Code, it is Longshore Harbor And Worker’s Compensation Act, 33 United States Code, Section 910(a).

The legal mumbo jumbo in this section says, “(a) If the injured employee shall have worked in the employment in which he was working at the time of the injury, whether for the same or another employer, during substantially the whole of the year immediately preceding his injury, his average annual earnings shall consist of three hundred times the average daily wage or salary for a six-day worker and two hundred and sixty times the average daily wage or salary for a five-day worker, which he shall have earned in such employment during the days when so employed.”

This section is used when an employee has worked in the same job for “substantially” most of the year before the injury.

How To Figure Out Your Average Weekly Wage For Longshore Injuries

What The Fifth Circuit Court Of Appeals Says About Your Average Weekly Wage For Longshore Injuries

The Fifth Circuit has not adopted a bright line test for what substantially means (some courts have adopted 75% as the rule, i.e., if an employee worked for 75% of the days of the year before the injury, then the aww is calculated using Section 910(a)). However, the Fifth Circuit has found that 91% is definitely substantial enough to require the parties to use Section 910(a) to determine the aww.

Again, the Fifth Circuit that I am referring to is the Fifth Circuit Court Of Appeals.

The determination of the average weekly wage is governed by section 10 of the Act, which provides three alternative methods for calculating the employee’s average annual earning capacity, 33 U.S.C. § 910(a)-(c), the amount of which is then divided by 52 weeks to arrive at the average weekly wage, 33 U.S.C. § 910(d)(1).

Furthermore, the Fifth Circuit explained, in pertinent part, Section 10(a) provides that when the employee has worked in the same employment for substantially the whole of the year immediately preceding the injury, his annual earnings are computed using his actual daily wage. 33 U.S.C. § 910(a).

For example, let’s suppose you worked 256 days in the 52 weeks prior to the injury.

This is substantial enough to determine your average weekly wage under Section 910(a).

Let’s assume your total earnings for that time period were $29,426.10.

Per Section 910(a), in order to determine your average weekly wage, you divide the total earnings ($29,426.10) by the number of days worked (256) = $115.08 (daily wages).

Now, per Section 910(a), you multiply the daily wages ($115.08) x 260 = $29,922.44 (annual wages).

Now, per Section 910(d)(1) you divide the annual wage by 52 to arrive at an average weekly wage of $575.43.

This gets VERY, VERY, COMPLICATED because there are multiple ways of figuring out your average weekly wage for Longshore Injuries.

You do NOT have to hire me to figure this out.

Just call me and I’ll help you figure out your average weekly wage for free.

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