The Defense Base Act (DBA) provides workers' compensation coverage to civilian employees who work outside the U.S. on American military bases or under contract with the U.S. government. This Act offers medical coverage and compensation if you are injured on the job as a defense contractor employee and these cases can be extremely complex.
One of the most crucial components of a DBA claim is the worker's Average Weekly Wage or AWW. The AWW determines how much money an injured worker can receive from the insurance carrier after an accident and it determines the value of any DBA settlement.
Calculating your AWW is complex under the Defense Base Act because there are several ways to determine your wages based on the type of injury sustained and job duration at the time of your accident.
An accurate Average Weekly Wage is vital to your DBA claim, it's essential to work with an experienced DBA California lawyer like the Mara Law Firm. Our lawyers can accurately calculate this critical AWW information and help you get the compensation you deserve when injured on the job.
How Average Weekly Wage Is Calculated?
There are three primary ways to calculate Average Weekly Wage depending on the employee's work schedule. These calculations are based on a 5-day, 6-day, or 7-day or casual schedule.
5- and 6-Day Schedules
It's straightforward to calculate the Average Weekly Wage for an injured worker who works a consistent 5 or 6 days per week the employee's annual average earnings will be calculated and divided into 52 weeks.
If the employee worked in the same or a similar position substantially for the entire year before the injury, their average annual earnings are determined by multiplying the employee's average daily wage by 260 days (the number of days worked per year on a 5-day schedule) or by 300 days (the number of days worked annually on a 6-day schedule). The average annual earnings are then divided by 52 to determine the AWW.
As an example, if you earned $68,000 in the year before the injury, your Average Weekly Wage would be $1,307.69 or $68,000 divided by
If the employee has not worked the entire year before the accident, the average daily wage is based on the average daily wage for an employee in a similar situation. The 5-day annual average wage will be determined based on the average daily wage for an employee in the same region and performing the same type of job. This average daily wage is multiplied by 260 days or 300 days then divided by 52 weeks to determine the employee's AWW.
Casual and 7-Day Schedules
The above formula doesn't work for everyone and sometimes a reasonable determination must be determined. Employees on a 7-day or casual schedule may have their average earnings calculated based on the previous earnings in the position the employee held at the time of the accident and the average annual earnings of other employees in the same region performing the same job.
This third method for calculating AWW allows a court to consider your past earnings and the earnings of similar employees to determine a fair AWW.
Contact a DBA California Lawyer
Even a small difference in how your AWW is calculated can have a major impact on the value of your claim. It's important to retain an experienced DBA lawyer as soon as possible in the claim process to protect your rights and ensure you are receiving all the benefits you are owed with a fair AWW determination.
When there isn't enough evidence in your record to fairly determine your Average Weekly Wage, the court may consider the third method to calculate your AWW using all available evidence. Unfortunately, insurance companies often try to use this method to depreciate your claim and reduce your AWW. If you have been working for less than a year or have a casual work schedule, you are at a greater risk of having your AWW reduced through unfair formulas.
A DBA California attorney at the Mara Law Firm can help you build your DBA case to seek the fair compensation you deserve for your injuries. If you have been injured overseas while under a military contract, schedule a consultation with a DBA California attorney today to explore your rights.
Employees Need to Know Equal Pay in California Facts
People work hard to support themselves and their families. We understand that it can be frustrating if you work diligently and don't get paid fairly, or the way you were promised. California code states an employee has the right to be paid their wages in full, at a fair rate and in a timely fashion — regardless of their immigration or legal status. At the Mara Law Firm, you'll find an experienced California Unpaid Wages Attorney who can help you address your wage payment fairly.
Employees Have the Right to Be Paid
The State of California Civil Code states that employees must be paid any wages promptly that they've earned. When you work with Mara Law Firm, we are proud to say we fight for a worker's fair rights. Are you looking for an Unpaid Wages Lawyer San Diego? With our years of legal experience at Mara Law Firm, we will help represent your claims under theDefense Base Actin California and throughout the United States. If you take the time to meet with a California Unpaid Wages Lawyer, that's the first step toward finding a solution. While we know that sometimes litigation can't be avoided, we will do everything we can to be sure your case is heard and that you receive your due process rights.
California Minimum Wage Laws
Forbesreports that there are more than 4.4 million hourly wage earners in California. When you don't get the wages that you've justly earned, it takes a significant toll on you and your family. It affects your ability to pay your rent or mortgage, pay bills and provide for your loved ones.
Stress Affects Your Health and Relationships
The stress of having to fight for fairness can affect more than your economic situation, but it can also affect your health and your relationships. Consider talking with a California Unpaid Wages Lawyer in our office, and we can work together to assist you. We can use our legal expertise to review with you all your options and to answer any questions you may have about your current situation.
Mara Law Firm Will Advocate for You
Contact us today at Mara Law Firm and find out everything we can do for you. We understand what you're going through right now. It's one of the most stressful situations you've ever found yourself to be in. When you're looking for an Unpaid Wages Lawyer, San Diego has many options, but we are determined to be your best advocate.
We Offer Legal Expertise
We are here to listen and to help. At Mara Law Firm, you get the chance to meet with a California Unpaid Wages Attorney, and our legal consultations are free. In many cases, Mara Law Firm has been able to help many people get their voices heard and to receive favorable outcomes. Give us a call, and we'll discuss your future, and find out everything we can do to help.