A Schedule Loss of Use award is a cash benefit provided to compensate for your reduced ability to earn wages when you have a permanent functional impairment of a body part due to an injury sustained at work.
Our New York workers’ compensation lawyers are here to help you anticipate the benefits you might receive and ensure you’re fairly compensated. Call (212) 741-3800 or contact us online to schedule your free case consultation.
What is a schedule loss of use award?
Schedule Loss of Use awards are calculated as a percentage of loss that is then applied to a predetermined schedule set by New York workers’ compensation laws.
In New York, SLU awards may be granted for the following injuries:
- Arm (shoulder and elbow)
- Hand (wrist and forearm)
- Fingers and/or thumb
- Leg (hip and knees)
- Foot (ankle)
- Toes and/or great toe
- Eyesight (loss of vision)
- Hearing (loss of hearing)
- Disfigurement (face/scar, neck, scalp)
The calculation process
Step 1: Medical evaluation
The first step in calculating an SLU award in NY involves a thorough medical evaluation once the worker has reached maximum medical improvement (MMI), meaning their condition is unlikely to improve any further. A doctor will assess how much the injury impairs the functionality of the body part involved.
Step 2: Determining the percentage of impairment
Based on the medical evaluation, the doctor assigns a percentage that represents the level of permanent impairment. This percentage reflects the extent to which the normal use of the body part has been lost. For example, if an injury results in a worker losing half the use of their hand, the impairment might be assessed at 50%.
Step 3: Applying the schedule of losses
New York workers’ compensation law provides a schedule that lists various body parts and their corresponding maximum number of weeks for compensation. For instance, the loss of an arm might be worth up to 312 weeks of compensation. The percentage of impairment determined by the doctor is applied to these weeks.
For example, if the impairment of the arm is assessed at 50%, and the schedule allows for 312 weeks for a total loss, the SLU award would be 50% of 312 weeks, which equals 156 weeks of compensation.
Step 4: Calculating the weekly benefit
The number of weeks awarded is then multiplied by the worker’s weekly compensation rate, which is generally two-thirds of their average weekly wage up to a maximum limit set by the state.
Considerations and legal guidance
Sometimes, determining the impairment percentage or applying the schedule can be complicated, especially if multiple injuries are involved or if there’s a dispute about the doctor’s evaluation. In such cases, having legal assistance is necessary.
Legal representation by The Weinstein Law Group
From the initial medical evaluation to the final calculation of your compensation, each step requires careful attention and accuracy. For those navigating this process, partnering with experienced legal professionals like The Weinstein Law Group can ensure that your rights are protected and that you receive the maximum benefit allowable under the law.
Call (212) 741-3800 or contact us online to schedule your free consultation.
Featured Attorney
Steven M. Weinstein