Louisiana Consultants
Maritime injury cases often involve two distinct federal laws: the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA). Each act has different criteria for economic damages depending on the injured worker’s role and location. Accurately assessing damages in these cases requires specialized expertise.
At Research & Planning Consultants, LP (RPC), our vocational experts, life care planners, and economists works regularly with attorneys to determine economic damages, evaluate work capacity, and provide expert testimony in maritime injury cases.
Jones Act Injury Cases
Jones Act cases recognize the specialized skills and unique risks maritime workers face, setting them apart from typical workers’ compensation or personal injury claims. These cases involve additional benefits such as maintenance and cure, along with potential compensation for unearned income.
Longshore Act Injury Cases
An LHWCA case has procedural and substantive differences from a personal injury case which is tried under state tort law. The LHWCA also differs from state workers’ compensation because it typically covers “maritime” workers, while state workers’ compensation programs typically cover “local” workers.
RPC provides economic damages analysis and expert testimony in both types of maritime injury cases, including:
Vocational Evaluations
- Evaluations following Maximum Medical Improvement (MMI)
- Pre-injury wage expectations and post-injury earning capacity
- Transferable skills analysis and labor market surveys identifying suitable jobs
- Coordination with treating and expert physicians to match work abilities with job demands
Economic Damages Analysis
- Lost wages and loss of earning capacity
- Fringe benefits, work life expectancy, and income tax considerations
- Discounted present value calculations using reasonable wage growth and below-market real discount rates
Life Care Planning & Future Medical Costs
- Evaluation of medically necessary future care, treatment, and services
- Review and rebuttal of plaintiff life care plans
- Present value analysis of future medical expenses using service-specific inflation factors
Reasonableness of Medical Costs
- Analysis of reasonable charge and reasonable value of past and future medical care
Review of Opposing Economic Opinions
- Assist attorneys and claim examiners by reviewing economic opinions submitted in maritime injury cases by evaluating whether assumptions regarding earnings, work capacity, and future benefits are:
- Reasonable
- Supported by the records
- Consistent with accepted economic practice
Expert Testimony & Defense Reviews
- Deposition and trial testimony in state and federal courts
- Critical review of opposing economic, vocational, and life care planning opinions
We understand the unique legal standards under maritime law and are prepared to support your case with expert analysis and testimony.
To discuss a maritime case, contact Michael Scullin, MHS, CRC, LRC, CVE, CLCP at 512.790.0315 or mscullin@rpcconsulting.com.