Laid off workers with permanent limitations could pursue LOEC
News just hit about a large company layoff: Conagra Brands Closing Beaver Dams Facility, more than 250 to Lose Jobs (Journal Sentinel, April 9, 2024). When a facility shuts down (like the one in Beaver Dam), some workers with previous work injuries may have further claims to pursue.
Specifically, if a worker had returned to work with permanent limitations that the employer was accommodating, but then the employer later laid them off, some workers can pursue a loss of earning capacity claim under the Wisconsin Worker’s Compensation law. A loss of earning capacity is a comparison to what a worker could make before a work injury to what a worker can make in the open labor market with limitations–usually a decreased hourly rate or salary. These claims can be very important for a recently laid off worker.
Under Wisconsin law, a LOEC case can be pursued by workers with permanent limitations to their head, spine, neck, back, or certain psychological injuries. If an injured worker had a permanent limitation to one of these body parts and then loses their accommodated position, a LOEC case is very important.
