Individual Economic Loss (“IEL”)
An Individual Economic Loss (“IEL”) claim is for an individual who was employed at the time of the spill and who seeks compensation for lost earnings from employment due to or resulting from the Deepwater Horizon Spill. The settlement framework establishes a method of comparing a claimant’s “expected earnings” for a specified time after the DWH Spill and claimant’s “actual earnings” over the same specified period. Each claimant must submit proof of earnings during the relevant time periods, such as personal income tax returns, W-2 Forms, and/or monthly pay period documentation such as check stubs or bank statements, as well as possibly other documentation depending on the language of the settlement. Failure to provide earnings or wages documentation is not always fatal to the claim, as there are certain sworn written statements that can be provided in some instances to establish these figures.
Some individuals may not feel they are eligible based on the type of work they do. However, due to the extent of severity of the economic effects from the spill, we encourage anyone who feels they may have suffered a loss to seek our free legal consultation to determine the potential viability of a claim for you. On some occasions, your employer may have filed a claim for their business either with the GCCF or with this new court-supervised settlement, and if they were paid an amount from the settlement program for that business, then you are considered an employee of what the settlement refers to as an “eligible employer.” Essentially, being an employee of an “eligible employer” automatically qualifies you as a member of the class action. If you are aware of a payment that your employer received as compensation for losses resulting from the oil spill, we highly encourage you to look into filing a claim.
Other individuals that may be entitled to compensation include persons who accepted an offer to work as a seasonal employee between the period after the spill of April 21, 2010, and Dec. 31, 2010, in either the same or a similar seasonal position that was previously held. Finally, individuals who accepted a first-time employment offer (full or part-time) to begin work between April 21, 2010, and Dec. 31, 2010 may qualify under the “New Entrant to Employment” section of the settlement. These individuals must have accepted the offer of employment prior to the spill and the offer must have been either withdrawn or amended after the DWH Spill.