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What is a Labor Market Survey?

Updated: Apr 30, 2021

A Labor Market Survey (LMS) is commonly used in workers’ compensation and civil cases to provide information about jobs available, anticipated, or recently filled. The vocational expert obtains specific information from the employer, which may include a telephonic job analysis (or thorough description of the physical and mental demands of a job including rest periods, time off task, and absenteeism), and helps determine if an employer would consider a potential job applicant when accounting for medical restrictions and vocational factors such as education, work history, and transferrable skills.

A Labor Market Survey typically supplements a Vocational Evaluation, and is almost always included. A Labor Market Survey can be a stand-alone work product. The LMS is useful in civil cases because if a worker sustained injuries due to an accident and now has limitations, the LMS can determine if a person has the ability to go back to work in the same job or similar job, and can identify potential wage-loss.

A Labor Market Survey is helpful in Divorce cases, especially to adjust spousal support payments. For example: A stay at home mom is requesting spousal support as a part of the divorce settlement. The mother has a Masters degree in Business, but has never worked in the industry. Her last job was 15 years ago. This case would be appropriate for a Vocational Evaluation and Labor Market Survey. If the party isn’t agreeable to an interview, a Labor Market Survey can be done as a stand alone product, as long as the work history and education information are available to the vocational expert. In this case, medical restrictions wouldn’t be discussed (unless the party has sustained an injury or has a history of chronic illness), and the expert could discuss transferrable skills as appropriate.

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