Schedule Loss of Use Award
Workers' Compensation in New York
In New York, workers who lose part or all of the use of an injured body part may be entitled to an additional award called a Schedule Loss of Use (SLU) award, that is paid in addition to cash workers' compensation benefits. This award is an additional cash payment to compensate a worker for the partial or total loss of use of a body part, such as an arm, leg, foot or hand. An SLU award may be paid even if the worker did not miss any time from work or is already working again. The amount of this award will vary depending on the type of body part and the extent to which it was injured.
At Napoli Bern Ripka Shkolnik, LLP, we represent workers who have permanent partial disabilities caused by damaged or lost body parts. We recognize just how difficult it may be for a worker to face the future with a lifelong injury of this kind. By seeking medical care, cash benefits and Schedule Loss of Use awards for our clients, we work to help them rebuild and face brighter futures. Our New York workers' compensation lawyers have more than 15 decades of experience and are prepared to see how they can assist you. Schedule a free case review today!
Types of Disabilities Covered
Injured workers in New York may be entitled to Schedule Loss of Use awards if one or more of the following body parts does not fully heal to its previous form and function after a work injury:
Incidents that may cause qualifying permanent injuries to these body parts may include: fractures, dislocations, amputations, surgeries, tears, serious burns, nerve damage and crush injuries.
How much is a Schedule Loss of Use award worth?
Once a worker has reached maximum medical improvement (a point where he or she is not expected to heal any further), a doctor can make an assessment of the degree to which that worker's body part is disabled. This may vary depending on the injury. For an amputation, for example, that body part would be considered 100% disabled. For hearing loss, on the other hand, a doctor may determine that the worker is suffering from 25% hearing loss in each ear for a total 50% disability in the ears.
A Schedule Loss of Use award will be calculated using the worker's average weekly wage, percent of disability in that body part and number of weeks provided for based on the type of body part. Each body part will qualify a worker for a certain number of paid weeks of compensation. An arm injury, for example, qualifies a worker for 312 weeks of compensation. A foot injury qualifies a worker for 205 weeks of compensation. An eye injury qualifies a worker for 160 weeks of compensation and a leg injury qualifies a worker for 288 weeks of compensation. The list goes on.
The formula to calculate a Schedule Loss of Use award is as follows:
2/3 of weekly wage x % of disability x number of weeks = award
Let's take a look at this formula in action. Joe's hand is crushed in an industrial accident, leaving him with nerve damage that allows him only 30% of the use of his hand. Before the accident, his average wage was $900 per week. The total number of weeks of compensation available for a hand injury is 244. Using the above formula, he would be entitled to:
$600 (2/3 weekly wage) x 30% x 244 = $43,920
New York Workers' Compensation Attorney
To find out if you are eligible for a Schedule Loss of Use award, arrange a free case review with a New York workers' compensation attorney at our firm. We will be happy to review your case in order to determine whether you are entitled to this additional award. Contact NBRS today!