Did you know that under the Defense Base Act, there is a schedule for calculating benefits to certain body parts? It seems somewhat arbitrary and unfair in our opinion to assign a certain number of weeks of disability compensation for injuries to certain body parts. However, that is exactly what the Defense Base Act provides if you have an injury to a body part other than the head, neck, back or shoulders. According to 33 U.S.C. Section 908, you are entitled to a certain number of weeks of disability compensation for complete loss of use of a body part according to the following chart:
 
arm 312 weeks
leg 288 weeks
hand 244 weeks
foot 205 weeks
eye 160 weeks
thumb 75 weeks
1st finger 46 weeks
great toe 38 weeks
2nd finger 30 weeks
3rd finger 25 weeks
toe other than great 16 weeks
fourth finger 15 weeks
 
At our law firm, we have a different philosophy. We believe that you should not be limited to a scheduled award benefit if, for example, you lose your leg in a horrific accident. We have fought and won lifetime benefits for injured workers who thought they were limited to a scheduled award based upon the above chart. If you have an injury to the whole body, or the head, neck, back or shoulders, you are not limited to the above schedule. You would then be able to qualify for lifetime benefits at your full compensation rate (Permanent Total Disability) or at a reduced compensation rate based upon your new earning capacity (Permanent Partial Disability). We have successfully argued for PTD and or PPD benefits even when your disability only involved one of those body parts listed in the above chart. If you have questions about calculating your scheduled award or whether you are entitled to PPD or PTD benefits.

 

For more information please contact DBA Attorney Clifford R. Mermell, Esq.

8603 South Dixie Highway
Suite 205
Miami, FL 33143

305.595.3350

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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