Disability

The Longshore Act authorizes compensation for economic harm to the injured worker from decreased ability to earn wages.

Section 902 of the Longshore & Harbor Workers Compensation Act defines disability as

10) "Disability" means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment; but such term shall mean permanent impairment, determined (to the extent covered thereby) under the guides to the evaluation of permanent impairment promulgated and modified from time to time by the American Medical Association, in the case of an individual whose claim is described in section 10(d)(2) [33 USC § 910(d)(2)];

In addressing disability, the US Supreme Court in METROPOLITAN STEVEDORE CO. v. RAMBO 521 US 121 http://www.supremecourt.gov/opinions/boundvolumes/521bv.pdf indicated that nominal compensation may even be awarded under certain circumstances even where the injured workers is presently able to earn more than his preinjury wage. The Court indicated that economic harm includes both current economic harm and potential economic harm as a potential result of a present injury and market opportunities in the future.

If you are disabled under the Longshore & Harbor Workers Compensation Act, call me at 866-558-9151 or submit your inquiry online. Please be advised that you may be facing important legal deadlines so don't delay.