What is a Scheduled Loss of Use?
If your Workers’ Compensation injury results in a permanent impairment, however slight, to an appendage (i.e. arm, leg, hand, foot, etc.), or the loss of hearing or vision, you will typically be entitled to a “scheduled loss of use award” based not the loss of function to that body part.
SLU awards are made only after you have reached “maximum medical improvement” (MMI), meaning that no additional recovery is expected. Typically, you are deemed to have reached maximum medical improvement one year after surgery or a year after your accident if you do not need surgery.
After a year, assuming that you do not have any ongoing complications, ask your doctor to submit a report setting forth your SLU to the Workers’ Compensation Board. This report must be submitted on a Doctor’s Report of MMI/Permanent Impairment (C-4.3) form. Generally, you should ask your surgeon or treating physician for this opinion; however, because some doctors consistently give low Schedule Loss of Use opinions, please ask us if we would recommend that you see a different doctor for a SLU report. Please provide a copy of that report to our office.
Schedule Loss of Use Awards are considered an advanced payment of all future out-of-work benefits. Therefore, if you lose time from work after receiving an SLU award, you may not be entitled to additional out-of-work benefits. If you lose or expect to lose significant time from work after receiving a SLU award, please contact our office.
If your condition worsens after you receive a SLU award, you may be entitled to an increased SLU award. To increase your SLU award, please provide us with a doctor’s report explaining in detail how your condition has worsened and stating your new SLU on a C4.3 form.
How Are Scheduled Loss of Use Awards Calculated?
A scheduled loss of use award is calculated by multiplying your percentage loss of use – as determined by the doctors — by a number of weeks of benefits based upon which body part is injured.
Body Part | Weeks |
---|---|
Arm | 312 |
Leg | 288 |
Hand | 244 |
Foot | 205 |
Eye | 160 |
Thumb | 75 |
First Finger | 46 |
Second Finger | 30 |
Third Finger | 25 |
Fourth Finger | 15 |
Big Toe | 38 |
Other Toe | 16 |
- Example:
- Per the above table a 100% scheduled loss of use of a leg entitles an injured worker to 288 weeks of cash benefits at the maximum/100% rate.
- If your injury resulted in a 25% SLU of the leg, you would be entitled to 72 weeks of benefits (25% of 288). 25% x 288wks = 72 wks.
- Assuming that you have an AWW of $900.00 the maximum rate per week is $600/wk.
- For a 25% SLU of the leg you would be entitled to 72 weeks of benefits x $600.00 per week or $
$43,200. 72 wks x $900/wk = $43,200.00
The total amount that you have already received for lost wages or reduced earnings is then subtracted from the scheduled loss of use award. Therefore, using the above example, if you had previously received $12,000 in wage benefits, you would receive $31,200 (43,200.00 – $12,000) as a SLU award.
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Our practice is dedicated exclusively to representing injured workers before the New York State Workers’ Compensation Board. If you’ve been hurt on the job, call us today. We’ll explain how we can help you secure every benefit you’re entitled to, guide you through the complexities of the Workers’ Compensation system, and advocate for you both inside and outside the courtroom.
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