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A: Lost wages and loss of earning capacity are damages common to Jones Act cases. Lost wages refers to income that was not paid during the previous period of disability. It is income that would have been earned if the victim had still been working. Wages are calculated from the date of injury to the date of settlement.
Loss of earning capacity refers to the diminished wages that will be paid in the future because the disability may force the victim to work in another field. A seaman can seek recovery for impairment of future earning capacity under 46 USCS Appx § 688, along with recovery for lost wages, pain and suffering and medical expenses.
Calculating loss of earning capacity is much more difficult. It depends on the seaman's wages. The amount will be determined by multiplying the wages by the future years he or she could have been able to continue on the job. Taxes are factored in, which reduces the amount.
See a qualified experienced maritime lawyer to help you get fully compensated for income lost, both in the past and future.
