After suffering an injury, often a major concern among seamen is on the impact on their ability to work and earn a living. What if you can no longer return as a vessel crewmember in the future? You can get compensation, even if you can’t perform your job anymore. An injured seaman has the ability to recover for future wage loss.
What Is a Future Wage Loss?
The future wage loss claim is one of the many types of recoverable damages available to be pursued in personal injury lawsuits. It is also referred to as ‘loss of future earning capacity’. It addresses your limited ability or permanent disability to earn wages.
Because this damage component can be rather large depending on the severity of your injury and any resultant disability, the impairment to your future earning capacity is often hotly contested in litigation.
Tactics Against Future Wage Loss Claims
Vessel employers will always attempt to minimize a seaman’s future wage loss claim through a variety of tactics. There is usually a 3-step strategy they might use.
First, they will contend that you are able to return to work in your pre-injury position by relying on the opinions of an expert medical doctor that they hire. Second, if their doctor cannot say that you can do your prior work, they will contend that you can work in some other less demanding capacity. Third, they will contest that you would have advanced to other higher-paying positions throughout the lifetime of your career.
Since future wage loss represents a large portion of your recovery, it is imperative to hire an experienced maritime attorney who knows how to combat the defendants’ tactics.
But bear in mind that if you are assessed fault for causing your own injury, this can impact your recovery. See how a seaman’s fault affects his or her recovery.