What Is A Workers Compensation Schedule Loss of Use Award?

Under New York Workers’ Comp law, a Schedule Loss of Use (SLU) award may be made when a claimant has reached Maximum Medical Improvement (MMI), and their body part(s) have a permanent loss of use as which resulted from their work-related injury. There are two types of permanent partial disability as defined by the New York Workers Compensation Board.

Schedule of Loss Use

“A SLU occurs when an employee has permanently lost use of an upper extremity (shoulder, arm, hand, wrist, finger), lower extremity (hip, leg, knee, ankle, foot, toe), or eyesight or hearing. Compensation is limited to a certain number of weeks based on the body part and severity of the disability, according to a schedule set by law. Temporary benefits that have been paid are deducted from the total SLU award.”

Non-Schedule

“Non-schedule is a permanent disability involving a part of the body or condition that is not covered by an SLU award (e.g., spine, pelvis, lungs, heart, brain, etc.). Non-schedule benefits are based on the employee’s permanent loss of earning capacity. If the work-related accident or date of disablement occurred before March 13, 2007, benefits are payable as long as the partial disability exists and results in wage loss.”

If the accident or date of disablement occurred on or after March 13, 2007, benefits are payable for a maximum number of weeks as determined by the claimant’s loss of wage-earning capacity. The maximum number of weeks is outlined below:

How is MMI determined?

Working with an experienced Workers Comp doctor Queens is essential so they understand the implications of and can accurately determine when you have reached MMI. Once your doctor determines you have reached MMI, they must submit a medical report to the Board that states you have reached MMI. The report they provide must include an examination of the injured body part and also state the percentage of functional use you have permanently lost in the body part you injured.

For example, the report may state that you have 50% less function than prior to your injury. This determination is your SLU.

An SLU award may be made for injuries to any of the following:

• 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)

As we have mentioned before, if you have been injured while on the job, it is critical that you select a doctor to evaluate and treat your injuries that is familiar with the New York Workers Comp process to ensure the appropriate documentation is completed on time for your claim. So if you need the services of a workers comp doctor in Queens, New York, or the Tri-State area, the Medex Diagnostic and Treatment Center is here to support you. Medex Diagnostic and Treatment Center is a multispecialty group clinic with a large team of experienced professionals who can help with a wide range of injuries resulting from accidents and injuries that happen at work.