When a work injury has a lasting impact on your health, understanding workers’ compensation and Schedule Loss of Use (SLU) awards can be daunting. For decades, the workers’ compensation lawyers at Nappa, Monterosso & Poznansky, LLP have helped clients in Staten Island and the greater New York City area secure the benefits they need and deserve. We understand that this may be a difficult time for you and your family. This guide is designed to clarify the process for Schedule Loss of Use in NY so you can move forward with confidence and protect your financial future.
Key Takeaways
- SLU awards are for permanent injuries— A Schedule Loss of Use (SLU) award is a financial benefit for the permanent loss of function in specific extremities, such as arms, hands, legs, or eyes.
- Percentage of loss is a key factor— The percentage of loss determined by an authorized physician is the central factor in calculating your total SLU award in New York.
- MMI is the starting point for SLU— Before an SLU percentage can be determined, your treating doctor must confirm you have reached Maximum Medical Improvement (MMI).
- Local representation matters— Hiring a Staten Island workers’ compensation attorney with deep local roots and a proven track record in the Greater NYC area is crucial to obtaining a fair SLU award.
Understanding Your Schedule Loss of Use Award
A Schedule Loss of Use in NY is a specific benefit designed to compensate injured workers for lasting damage to certain body parts. An SLU award is a cash payment for permanent loss of function in arms, legs, fingers, toes, or hearing or vision loss. The final amount of an SLU award is determined by a physician who assesses the percentage of your permanent functional loss.
Which Body Parts Are Covered Under SLU?
The Schedule Loss of Use system in New York applies only to injuries involving limbs, digits, eyes, and ears. Types of injuries that may qualify for an SLU award in New York include:
Upper extremities, including arms, hands, and fingers:
- Fractures or damage to ligaments and tendons that result in permanent loss of grip strength or range of motion
- Partial or total loss of a finger, hand, or arm
- Permanent nerve damage that causes lasting numbness, weakness, or muscle atrophy, often resulting from work-related conditions like carpal tunnel syndrome and other repetitive stress injuries
Lower extremities, including legs, feet, and toes:
- Severe knee and ankle Injuries, such as sprains or meniscal tears that leave a joint unstable or reduce flexibility
- Complex fractures that result in functional loss of permanent instability
- Total knee or hip replacement necessitated by a work injury
Sensory organs and disfigurement:
- Permanent loss of hearing in one or both ears due to occupational noise exposure
- Permanent partial or total loss of vision in one or both eyes
- Disfigurement of the face, neck, or scalp
Navigating the distinctions between schedule and non-schedule injuries can be challenging. Because insurance companies often dispute the validity of injuries that may qualify for SLU awards in NY, It’s vital to have an experienced Staten Island workers’ compensation lawyer in your corner.
The SLU Determination Process
Reaching Maximum Medical Improvement (MMI)
The process for determining an SLU award cannot begin until your injury has stabilized and you’ve reached Maximum Medical Improvement (MMI). MMI is a finding by a physician that your injury has healed as much as it is going to, and any future care will be for maintenance, not improvement.
Securing a fair SLU award in NY requires adherence to established processes, deadlines, and requirements. Our workers’ compensation attorneys guide you every step of the way and ensure your rights are protected.
Determining the Percentage of Loss
The core of any SLU claim is the percentage of loss. This figure is determined by an authorized physician who examines your injured body part and compares your current functional ability to the accepted standards for a properly functioning extremity. This may include range of motion, strength, and residual pain, and other factors.
All medical evaluations must follow the detailed impairment guidelines published by the New York State Workers’ Compensation Board (WCB). You’ll likely have to undergo an SLU examination by two different physicians:
- Your treating physician—Your treating doctor or a physician hired by your workers’ compensation lawyer will examine you and submit their findings to the WCB using form C-4.3. Your doctor’s report aims to reflect the true, maximum percentage of impairment.
- The insurer’s independent medical examiner—Known as an IME, a doctor paid by the insurance company will also examine you to determine your percentage of loss. It’s very common for the IME to rate your SLU at a significantly lower percentage than your doctor.
What Happens When Medical Opinions Conflict?
When there’s a conflict between medical opinions regarding your percentage of loss, your lawyer will negotiate the degree of impairment with the insurance company. If a reasonable agreement can’t be reached, the WCB will consider the medical reports from your health care provider and the IME, and then issues a decision about your SLU percentage. Once the decision is filed, the insurer has 10 days to pay. If either party disputes the outcome, they can appeal within 30 days of the decision.
Having a seasoned Staten Island workers’ compensation attorney is crucial when challenging a low percentage rating from the insurer’s IME. If you’re dissatisfied with the WCB’s decision, your lawyer can help you appeal it and present compelling evidence and arguments in hearings. Depending on the circumstances, the SLU appeals process may continue all the way to the Appellate Division of the New York Supreme Court.
Calculating Your SLU
Once the percentage of loss is finalized, the formula for calculating an SLU award in New York is straightforward.
Each body part is assigned a maximum number of weeks of compensation. For example, an arm is scheduled for a maximum of 312 weeks, a hand for 244 weeks, and a leg for 288 weeks.
To calculate your SLU award, you take the maximum weeks on the loss of use schedule x the percentage of loss x 2/3 of Your Average Weekly Wage (AWW). Your AWW is based on your total gross earnings for the 52 weeks before the date of injury or illness, including overtime and other compensation.
For example, If you had a 20% loss of use of your arm (312 weeks) and 2/3 of your AWW is $500, your award would be 312 x 0.20 x $500 = $31,200.
How Are SLU Awards Paid in New York?
It’s vital to understand that this calculated amount may not be the same as your final SLU award. Any temporary benefits you have already received will be deducted from your award. In addition, your employer may be reimbursed from your SLU award for any wages they paid you while you were out of work. The remaining amount will be paid in one of the following ways:
- You will receive regular workers’ compensation checks until the SLU award is fully paid
- You may receive a lump sum payment of your SLU award.
A seasoned workers’ compensation lawyer can advise you on which payment option best suits your financial needs. We also ensure that SLU calculations and all potential deductions and offsets are accurate so you get the maximum compensation you’re entitled to receive.
Life After an SLU Award
Will My Workers’ Compensation Claim Be Closed After an SLU award in NY?
No. Payment for a permanent loss of function does not automatically end your workers’ compensation claim. Medical benefits for the injury may remain available.
Can I Work if I Receive an SLU Award?
Yes. An SLU award can be granted even if you return to work. This payment is compensation for the permanent impairment itself, not an ongoing disability benefit tied to your employment status.
Why Choose Our Staten Island Workers’ Compensation Lawyers?
As the largest workers’ compensation law firm in Staten Island, we’ve helped thousands of injured workers in New York maximize their benefits. With our team, you get:
- Dedication and tenacity—Our attorneys have successfully taken on powerful insurance companies and the Social Security Administration for decades. We won’t back down in our pursuit to help you get the fair compensation and benefits you deserve.
- Local focus— Our deep professional and personal roots in Staten Island help us understand the unique challenges faced by clients dealing with workers’ compensation and Social Security Disability claims in the greater NYC area.
- Compassion and communication— We prioritize a supportive, client-first approach. Partner and attorney Rolando Cubela is fluent in Spanish and provides direct, personal counsel to our Spanish-speaking clients.
- No fee unless we win your case— Our workers’ compensation lawyers and SSDI attorneys in Staten Island work on a contingency fee basis This means we don’t get paid unless we recover benefits for you.
Contact a Workers’ Compensation Lawyer Near You in Staten Island
If you need assistance maximizing an SLU award in Staten Island, Nappa, Monterosso & Poznansky, LLP, can help. Contact us or call 718-273-9000 today to schedule a free consultation with a workers’ comp attorney near you in the greater New York City area.
