INTRODUCTION AND SUMMARY 5

because the seaman was put ashore when his incapacity began and
was never heard from in regard to a settlement. In 10 cases the
seaman remained aboard and was paid wages up to the time of
expiration of his articles. The other 11 seamen were put ashore
before the end of the voyage and were paid at that time. They did
not receive the additional wages to which they were entitled, in most
cases probably because they took no steps to recover such wages.
The average actual net payment to the seamen in these cases after
being injured was $6.02, while the probable recovery under the
compensation act would have averaged $396.94.
It is noted that the period of total disability in the cases settled
by personal agreement averaged 49.4 days, while in the cases for
which no claim was filed total disability lasted 41.8 days. The average
 probable recovery under the compensation act for these two
groups of cases would have been $351.29 and $396.94, respectively.
The latter average is considerably higher than the former because
the latter group includes one case of arm dismemberment and two
cases of finger amputation in which the computed compensation is
based on the permanent partial disability schedule in the longshoremen’s
 law, which provides a much longer period of payment
than the actual total days of disability. After having received hospital
 treatment, the seaman whose arm was dismembered was deported
and no action was taken to recover for the injury. Three per cent
of all cases settled by personal agreement involved amputation and
dismemberment, while 12 per cent of the cases in which no claim was
filed were injuries of this type.
The average net settlement per case for both groups combined
was $262.47, while the probable recovery under a law similar to the
longshoremen’s act would have been $352.56, or $90.09 more per case.
Cases involving legal fees.—In these cases the bureau secured data
regarding the amount of the settlement as paid by the shipowner or
the underwriter, but except for a comparatively few cases the amount
which the seaman actually received could not be ascertained. All
of the amounts shown as settlements in these cases include the
amounts later paid by the seaman in legal fees, but do not include
court costs.
Information as to the amounts of such fees was extremely difficult
to obtain. The amount of the legal fee has been verified in 22 cases.
In 12 of these the fee formed 50 per cent of the amount recovered,
In 3, 40 per cent, and in the other 7 cases 60, 53, 43, 39, 29, 27, and
25 per cent, respectively. The simple average of attorney charges in
the 22 cases is a little over 45 per cent.
. The average actual “gross’’ settlement per case in the cases involv-Ing
 legal fees was $1,317.03, as compared with a probable “net”
settlement of $821.07 under the longshoremen’s act. Estimating
the average fees charged by the attorney in such cases at 40 per cent
of the amount of the settlement, the “net” amount received by the
Seaman would have averaged $790.22 per case, or $30.85 less than
he would have received under the adaptation of the longshoremen’s
act. If the lawyer's fees had averaged as much as 50 per cent of
the amount of ‘the settlement, the average net amount received
by the seaman would have been $658.52, or $162.55 less per case than
the estimate under the compensation law.