What is a labor market survey and how does it work in a Defense Base Act (DBA) and Longshore and Harbor Workers’ Compensation Act (LHWCA) claim?
A labor market survey consists of jobs that the insurance company things the employee could perform based upon his or her age, skill set, education, and work restrictions.
The insurance company in a long shore or Defense Base Act case, then uses the labor market survey to decrease the employees compensation. In effect, the labor market survey allows the insurance company and a Longshore and Defense Base Act claim to legally pretend that the employee is earning, and use those wages to decrease the employee’s benefits.
If you have not retained an attorney at the time the insurance company wishes to perform a labor market survey, you should do so immediately.