Workers' Compensation Economic Damages Expert in Puerto Rico

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for workers' compensation cases venued in Puerto Rico: the components the loss claim consists of, the records that drive them, and a present value built to Puerto Rico's damages rules and venues. Plaintiff and defense.

A workers' compensation economic analysis values the future indemnity and medical benefits at issue in a settlement, measures the wage loss that determines a benefit, or quantifies the loss in a third-party action, each structured to the question the compensation system asks. Read the full workers' compensation analysis guide.

Puerto Rico courts and expert standards

Puerto Rico's rules of evidence follow the federal model for expert testimony: the court asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report meets that inquiry by naming its sources and tying each assumption to the record, in the language the court requires.

Where these cases are heard

Highest court: Supreme Court of Puerto Rico (Tribunal Supremo de Puerto Rico). Federal venues: D.P.R.

Compensation forum: Puerto Rico State Insurance Fund Corporation (CFSE). Third-party actions arising from the same injury proceed in the civil courts listed above, and the report separates what the compensation system pays from what the civil claim adds.

Damages framework

Puerto Rico's civil-law tort system gives each surviving relative a claim of their own for the death of a family member, covering their own economic loss and suffering, alongside the estate's inherited claim for the decedent's pre-death damages. Comparative fault reduces recovery in proportion, private-party damages are not subject to a general statutory limit, and interest can be imposed on the award when a party is found to have litigated with obstinacy.

How the analysis is built

The same four steps apply to a workers' compensation case venued in Puerto Rico; the damages framework above decides which components enter the total.

  1. Assemble the pre-injury wage base from the employer's records and tax documents.
  2. Establish the post-injury earnings path from actual earnings or the work-capacity opinions, and measure the loss over the applicable worklife with wage growth.
  3. Value future indemnity streams with stated mortality and discount assumptions, and grow and discount future medical by category when a treatment projection exists.
  4. Separate the amounts the compensation system pays from the components a third-party claim adds, and reconcile the two so the same facts support both.

Attorney guides for workers' compensation cases

Other case types in Puerto Rico

Frequently asked: workers' compensation cases in Puerto Rico

Which Puerto Rico courts hear workers' compensation cases?

Workers' Compensation cases venued in Puerto Rico are heard in the Court of First Instance (Tribunal de Primera Instancia) (General jurisdiction trial court of the Commonwealth, organized into Superior and Municipal divisions; hears civil and criminal matters). Final appeals run to the Supreme Court of Puerto Rico (Tribunal Supremo de Puerto Rico). Matters within federal jurisdiction proceed in the United States District Court for the District of Puerto Rico.

How does Puerto Rico's damages framework shape the economic analysis?

Puerto Rico's civil-law tort system gives each surviving relative a claim of their own for the death of a family member, covering their own economic loss and suffering, alongside the estate's inherited claim for the decedent's pre-death damages. Comparative fault reduces recovery in proportion, private-party damages are not subject to a general statutory limit, and interest can be imposed on the award when a party is found to have litigated with obstinacy. Puerto Rico's rules of evidence follow the federal model for expert testimony: the court asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report meets that inquiry by naming its sources and tying each assumption to the record, in the language the court requires.

More questions about workers' compensation analysis

References

Request a consultation on workers' compensation cases in Puerto Rico or call (201) 343-0700. Plaintiff and defense counsel.