When a work injury leaves you with lasting limitations, understanding permanent partial disability in NY can be challenging. New York divides permanent partial disability (PPD) cases into two very different systems: Schedule Loss of Use (SLU) and non-schedule awards. At Nappa, Monterosso & Poznansky, LLP, our workers’ compensation lawyers in Staten Island help clients throughout the greater New York City area understand SLU vs. non-schedule awards. We ensure PPD caps and calculations are applied correctly so you get the full amount of benefits you’re entitled to receive.
Key Takeaways
- Schedule Loss of Use (SLU) awards apply to specific body parts like arms, legs, or hands, and are capped at a set number of weeks.
- Non-schedule awards apply to other body parts not on the list, such as the spine, brain, lungs, or heart. They are based on your loss of earning capacity and capped between 225 and 525 weeks.
- After you reach maximum medical improvement (MMI), your percentage of impairment determines how much and how long you’re paid.
- Our Staten Island workers‘ compensation attorneys help ensure your impairment percentage and award type accurately reflect your condition and fight to help you get the benefits you deserve.
What Is a Schedule Loss of Use (SLU) Award?
A Schedule Loss of Use award applies when you’ve permanently lost some or all function in a body part listed on a schedule set forth by New York Workers’ Compensation law. These include the arms, legs, hands, feet, digits, and eyes. You may also receive an SLU award if a work injury affects your hearing or causes disfigurement of the face, neck, or scalp. Once you reach maximum medical improvement (MMI), your treating doctor assigns a percentage that reflects your permanent loss of function in that body part.
Calculating Your SLU Award
Using the SLU schedule, your award is based on three factors: the body part you injured, your percentage of loss of function, and your average weekly wage (AWW). Your AWW is based on your total gross earnings for the 52 weeks before your injury or illness, including overtime and other compensation.
Understanding SLU Caps
Each body part on the SLU list has its own maximum number of weeks of benefits. For example, an arm injury is capped at 312 weeks. Your doctor’s assigned percentage of loss is multiplied by that cap to determine your total weeks of benefits, which are then paid at two-thirds of your AWW. This means that a 25% loss of use in your arm would result in 78 weeks of benefits, or 25% of 312. You’re then paid two-thirds of your AWW for each of those weeks.
These calculations can be complicated. An error in your AWW or impairment percentage can end up costing you thousands of dollars. Our attorneys review your case to make sure every number is calculated correctly. If you believe your assigned loss of use percentage is too low, your Staten island workers’ compensation lawyer can challenge the rating and fight to ensure it reflects the full extent of your injury.
What Is a Non-Schedule Award?
Non-schedule awards apply to permanent injuries involving body parts that aren’t on the SLU schedule. This includes the spine, brain, lungs, heart, and certain psychological conditions. Instead of a fixed body-part schedule, this type of award is based on your loss of wage-earning capacity (LWEC). Your LWEC percentage reflects how much your injury has reduced your ability to earn income.
What Determines Your LWEC Percentage?
The Workers’ Compensation Board (WCB) considers more than just your medical condition when determining your LWEC percentage. Your age, education, employment history, and the industry you work in all play a role. Two workers with similar injuries can be assigned very different percentages based on these factors. Accurate documentation of your injury and experienced legal representation can help you get the maximum amount of benefits available to you.
How Non-Schedule Caps Work
The duration of non-schedule benefits depends on your LWEC percentage. The higher your loss of earning capacity, the more weeks of benefits you receive. In severe cases, injured workers may receive a maximum of 525 weeks. Lower percentages receive fewer weeks of compensation. For example, a worker with an LWEC of 50% may receive up to 350 weeks of benefits, while a worker with an LWEC of 80% may receive up to 450 weeks.
Common Roadblocks in SLU and Non-Schedule Cases
Permanent partial disability awards often involve significant amounts of money and calculations are complicated. Some of the most common problems our workers’ compensation attorneys encounter include:
Disputed disability percentages. An insurer may require you to undergo an Independent Medical Examination (IME). Their doctor may assign a lower SLU or LWEC percentage than your treating physician. This rating can significantly reduce your award, so it is worth challenging an IME determination.
Misclassification between SLU and non-schedule. If your injury affects multiple body parts or overlaps both categories, getting the classification wrong can impact your total award.
Incomplete consideration of vocational factors. In non-schedule cases, failing to properly document your age, education, and work history can result in a low LWEC percentage.
Pressure to settle before MMI. Accepting a settlement before your condition has stabilized can mean settling for less than your case is worth and jeopardize your financial security.
Understanding lump sum vs. weekly payments. Each option has long-term financial implications. If you choose a lump sum, you cannot go back and request additional weekly payments later, so it’s important to talk to your attorney about which option best fits your circumstances.
If your permanent partial disability award has been miscalculated or undervalued, our workers’ compensation lawyers can help you challenge it and pursue the full amount you deserve.
Why Choose Our Staten Island Workers’ Compensation Lawyers?
Experience with complex cases — SLU and non-schedule awards involve extensive medical and vocational evidence. We know which factors the WCB weighs most heavily and tailor your case accordingly.
Focused representation — For more than 30 years, our firm has exclusively handled New York workers’ compensation and Social Security Disability cases, including complex SLU and non-schedule disputes.
Local roots — As the largest workers’ compensation law firm in Staten Island, we care about the communities we serve in the greater NYC area. Our longstanding relationships with the WCB, judges, medical providers, and local insurance company representatives can give our clients a distinct advantage.
Clear communication — Unlike many other firms that rely on bilingual paralegals and staff, our Spanish-speaking clients work directly with attorney and Partner Rolando Cubela.
Contingency fee structure — Our workers’ compensation and Social Security Disability lawyers take cases with no upfront fees. You pay nothing unless your claim is successful.
Contact a Workers’ Compensation Attorney Near You in Staten Island
At Nappa, Monterosso & Poznansky, LLP, we help injured workers in the greater NYC area find the peace of mind and disability benefits they need. If you have questions about your SLU or non-schedule award, call 718-273-9000 or contact us today to schedule a free consultation with a workers’ comp lawyer near you in Staten Island.
