Scheduled Awards under the Defense Base Act

If you are an employee on a U.S. defense installation, or work for a government contractor or subcontractor providing services to the armed forces or service organizations, you may have a right to seek workers’ compensation benefits for injuries received on the job. The Defense Base Act (the DBA), enacted in 1941, extends the work comp benefits available to longshoremen and harbor workers to most people working on military bases or for defense industry contractors.

Typically, the amount of compensation is calculated by taking your average weekly wage (AWW) and multiplying a factor of two-thirds. Your AWW is determined by taking your wages for the last year and dividing by 52. In some situations, though, your injury will be subject to a scheduled award. This means that there is a fixed compensation rate for certain types of injuries. These types of injuries are generally permanent injuries.

Types of Scheduled Awards under the Defense Base Act

Scheduled awards are available for injuries that are permanent in character, such as permanent hearing or sight loss, as well as permanent injuries to back, legs, knees or other joints. Scheduled awards are available for loss of fingers or toes, and will differ depending on with finger or toe is lost or disabled. Typically, the scheduled award is calculated when it is determined that you are at maximum medical improvement (MMI). Before MMI, you may collect benefits for temporary disability.

The Calculation of Permanent Partial Disability (Scheduled Awards)

The compensation you receive for a permanent injury is calculated as follows:

• First, you must determine your temporary total disability rate. This is simply the two-thirds of your AWW
• Next, you must identify the specific type of bodily injury. If you have more than one body part for which you have a permanent disability, you must calculate each separately.
• Finally, you must factor in your impairment rating. This is the percentage of permanent impairment determined by a licensed physician.

The actual calculation of your scheduled award is fairly complex. You want to work with an experienced lawyer to make certain you get all the benefits to which you are entitled.

Contact Uliase & Uliase

For an appointment with an experienced New Jersey federal worker injury lawyer, contact our office online or call us at (856) 310-9002. We are available to meet with you weekdays between 9 a.m. and 5 p.m. to schedule an appointment with our experienced federal employee injury lawyers. We are open weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.