Workers Compensation Labor Market Surveys

Tim Kennedy is certified as a specialist in the practice of Workers' Compensation law by the Pennsylvania Bar Association's Section on Workers' Compensation Law as authorized by the Pennsylvania Supreme Court

CERTIFIED WORKERS
COMPENSATION
SPECIALIST:

Strain and Sprain

Can I Sue My Employer?

Can I Sue Company Doctor?

Myofascitis

Notice Ability Return to Work

Lumbar Stain

Ins. Co. Trying to Stop Comp

Cervical Strain

Notice Stopping Temp Comp

Thoracic Strain

"Case Manager" on My Side?

Thoracic Outlet Syndrome

Vocational Interviews

Brachial Plexopathy

Lawyer Timothy Kennedy | Featured Attorney Workers Compensation

Labor Market Surveys

Torn Meniscus

Earning Power Assessments

Tendonitis

How Long Can I Get Comp?

Epicondylitis

SERVING ALL OF PA FROM SUBURBAN PHILADELPHIA AND REGIONAL SATELLITE OFFICES

Impairment Rating Evaluations

Rotator Cuff Injury

Can I Retire on Comp?

Orthopedic Injury

Can I Accept a Pension?

Neurologic Injury

Supersedeas Requested? Huh?

Hernia

What is a Fair Settlement?

Metatarsal Fracture

The "Labor Market Survey" is a somewhat infamous mechanism for Pennsylvania Workers Compensation insurance companies and employers to cut off or reduce benefits otherwise payable to an injured worker, even while the worker's injuries may be unresolved and their continuing disability may be severe, without actually returning them to work. Good work injury lawyers, like those at The Law Offices of Timothy Kennedy, can fight back to protect your rights. If the insurance company is talking about stopping your benefits with a labor market survey, they need to clear several legal hurdles before simply stopping your checks, despite what they may try to threaten. Getting legal help early is extremely important in these cases.

The basic steps, when an insurer wants to cut or stop your benefits by means of a labor market survey, are these: You and/or your lawyer will be contacted by a representative of the insurance company or a representative of a "vocational consulting" company they may hire. They will seek to set you up for an appointment with a vocational consultant. This is someone who has had specialized education in how to classify workers and jobs and how to match them up in a way that will please the insurance company and possibly impress a judge. The purpose of the appointment is to conduct a vocational interview, to allow the insurer's consultant to learn about your past jobs and educational background. This allows the vocational consultant to assess what "transferrable skills" he or she may feel you have that would make you employable in a new career. The consultant then prepares the "labor market survey." This is just a list of jobs the vocational consultant, working for the insurance carrier trying to stop or reduce your benefits, feels you could do within the workforce, despite whatever limitations you may have (and often taking into account only the limitations recognized by the insurance carrier's own doctors, such as based on an insurance medical examination). The result is an "earning power assessment" that projects how much you, the injured worker, might be able to earn in wages in the labor market if you went out and actually secured work and worked as hard as you could despite your limitations, pain and/or disability and despite any advice from your own treating doctors that you may not be ready for a return to work.

If the insurance company can prove the work is out there, prove that available work fits your restrictions and employment background, and prove what it would pay (all based on job listings, you never are actually offered the work), your compensation can be reduced or stopped.

These cases can be difficult, because the insurance company and its vocational consultant will list available jobs in positions such as telemarketing or working overnight shifts watching security monitors, which supposedly can be done by even significantly disabled workers and which pay well because they are jobs with high turnover, undesirable to most workers and/or with work schedules most workers find very problematic -- none of which matters for purposes of proving a case to reduce or stop benefits before a workers compensation judge.

In our practice, we understand that the basic premise of the labor market survey is flawed. On what planet is it really truly likely that an employer would ever hire a worker struggling with disability from an ongoing work injury over any other candidate who is fully fit? Most employers are savvy enough to know that if they hire a worker with an ongoing workers' compensation claim, and the new job makes the injured worker's condition worse, the workers' compensation insurance carrier for the former employer will not hesitate to blame the new job, so long as it leaves them off the hook.

There are many ways for a tough and aggressive workmans' compensation attorney to fight back and to protect the rights of the injured worker. In the labor market survey case, though, many of the best tools depend on poking holes in the insurance carrier's evidence as they try to build their case. If that opportunity is missed because the injured worker delays contacting an attorney, the worker is going to be left with a difficult fight and limited leverage to preserve their rights to ongoing compensation and to advance the potential for a large lump sum settlement.

For these reason, if you have so much as heard talk from an insurance representative about a "labor market survey" or any other kind of involvement from a vocational counselor, call us immediately. Note that in such cases, our advise and guidance is always going to be free unless and until the matter goes to before a Workers' Compensation Judge in a manner that impacts your benefits. We will deal with the adjuster and overtures from the vocational consultant. If there is to be a vocational interview, we will prepare you in advance and we will be in the room and controlling the interview process, if a vocational counsellor lists jobs you supposedly are cleared to do, we will give you advice on how to react to best preserve and advance your rights. If litigation is then filed by the insurer to cut off or cut down your compensation benefits, we will be there to fight and we will be ready to win -- and ready to show the insurance the true value of your claim.

In this way, if you are to be made to take on all of the risks, and the pain of returning to the workforce despite a long-term injury, you will only do so on your own terms, only when it is truly safe for you to do so, and only after you have been properly and fully compensated (including with a large lump sum settlement) for your residual injuries and the long-term loss of your earning capacity in the real world.

Call us now: 484-453-8144

How is Lawyer Paid?

Back Injury

What is "Heart and Lung" Act?

Neck Injury

Compromise and Release

Closed Head Injury

Commutation of Benefits

Concussion

Subrogation

Other Work Injuries

Philadelphia Suburbs:
90 S.Newtown Street Rd,
Newtown Square PA 19073
(610) 924-5667

Philadelphia:
1700 Market Street
Suite 1005
Philadelphia PA 19103
(215) 559-5003

See All Locations

CLIENT TESTIMONIALS:

I had a serious work related injury. I hired Tim after speaking with him and feeling completely at ease with his professionalism and demeanor. My case became complicated over time. Throughout the process I always felt that Tim had my best interest in mind. With every phone call or email, Tim was very informative and proactive, always explaining things in a way I could understand. He worked hard for me in his dealings with my employers insurance company. He did this so much so, the insurance company actually fired their own attorneys in the middle of litigation. In the end, Tim was able to negotiate a substantial settlement, including taking the burden off of me of an excessive amount of unpaid medical bills. I would highly recommend Tim.
                - B (Workers Compensation client)

"I" truly, Love / Respect and Appreciate - "Attorney: Timothy James Kennedy" for, his (highly, professional / unselfish {going, above and beyond} / highly, dedicated) approach in working with, me / my, un-fortunate circumstance(s) and my (unfortunate), legal dilemma... and, will (with; every, opportunity) be highly, recommending his legal services to (all) family / friends and strangers found in-need of such, ser-vices!!!
"Attorney: Timothy James Kennedy" is (not, only) a, true professional -He is a, loving / caring / sharing human being who (not, only) cares about his, cases and reputation; but, cares (also) for the lives and the families of those he so-caringly and so-humbly, represents!!!
He will (always) be appreciated and will never - ever - be, forgotten. "I" (on, behalf of myself and my, family) appreciates the fact that, He was willing to stop-by and become, "The Good Samaritan" in our, lives!!!
                - Michael (Workers Compensation Client)

Timothy is a really great lawyer. He knows what to do, and how to handle really sticky situations. When I first came to him, I had very little to back me up, but we mainly him lol pulled through and got the job done with GREAT results. If I could back in time I would still pick him as a lawyer 1000 times more. He took his time, talk to me like I was a person and not a dollor sign, and made lawyer jargon understandable english for me. I truely felt comfortable with him handling my case, and I never doubted him since the very first meeting. I also like that he gives his personal direct number to get in contact with him whenever you may need him, and he always responds if not that same day, the very next. The only bad thing I would have to say is its a shame I would have legal trouble to work with him again lol.
                -Trina (Workers Compensation Client)

Highly knowledgable in the law with excellent people skills..I highly recommend Mr. Kennedy.
                - Current Workers Compensation Client

As these testimonials reflect, we work very hard to satisfy our clients and to ensure the best results in handling their claims. Call us now to let us explain how we can help you advance your rights and interests, so that you too can become a satisfied client.
                -Tim Kennedy
                (484) 453-8144

Home Page | Contact Us