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.

Client Reviews
  • ★★★★★
    Mr. Lavis was very helpful & knowledgeable when I called his office to find out my rights on a workmans comp claim. He took time out of his day to speak with me right away and lead me in the right direction. I would highly recommend him !! Read More »
  • ★★★★★
    Charles Lavis Jr helped me out a couple of times with job injury cases. The insurance company tried to mess me over a couple of times and he successfully overcame the obstacles. He did a great job! I would strongly recommend him for any workers compensation case, auto accident case or any other type of problem you have with your insurance company. Read More »