In a Defense Base Act case, your compensation rate is based upon a calculation of your Average Weekly Wage (AWW). Your AWW is ordinarily determined by averaging your earnings for 52 weeks prior to your accident. However, many injured overseas workers have not worked for 52 weeks in their overseas job before an accident causes injury. There are very favorable cases which have come out in the past year or two which state that your AWW should be calculated based solely upon your overseas earnings, even if you have not worked overseas for a full year. This is a dramatic ruling which helps you get a very high AWW. Most insurance companies do not like these cases and try to argue against them. Your AWW is one of the most important calculations in your case. The value of your compensation and your entire case depends upon the calculation of your AWW. Make sure you talk to a competent Defense Base Act lawyer before you agree to an AWW. We can make sure to protect you so that your AWW is calculated at the correct rate.

Clifford R. Mermell, Esq.

Clifford R. Mermell, Esq., created the law firm of Gillis, Mermell & Pacheco, P.A. on March 1, 1996. Mr. Mermell has been the senior and managing partner of the firm since its creation. The firm was created to champion the rights of injured workers nationwide. It represents cases under the Worker’s Compensation, Wrongful Termination, Personal Injury, Admiralty and Maritime, Defense Base Act, and Longshore & Harbor Worker’s Compensation Act Laws.


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