What Is a Schedule Loss of Use (SLU) and How Is It Calculated in New York Workers’ Comp?

What Is a Schedule Loss of Use (SLU) in New York Workers’ Compensation?

Quick Answer: In New York workers' compensation, a Schedule Loss of Use (SLU) award is a cash payment for a permanent loss of function in a specific body part due to a work-related injury. It's a lump sum payment separate from other workers' compensation benefits. The amount is determined by multiplying the percentage of loss of use (assigned by a doctor) by the maximum number of weeks allowed for that body part, as set by New York law. If you were hurt in an accident at work in New York City, contact our personal injury lawyers at (646) 647-3398 for a free consultation.

Here's a breakdown of Schedule Loss of Use (SLU):

• What It Is: SLU awards compensate injured workers for permanent injuries to specific extremities or sensory organs, such as arms, legs, hands, feet, eyes, fingers, and toes. These awards are distinct from temporary disability benefits (like Temporary Total Disability or Temporary Partial Disability) and are typically paid out after the injured worker reaches Maximum Medical Improvement (MMI), meaning their condition is not expected to improve further with additional medical treatment.
• How It Is Calculated:
  • Doctor's Assessment: A treating physician assesses the percentage of permanent loss of use for the affected body part.
  • Schedule: New York law establishes a fixed maximum number of weeks of compensation for each specific body part (e.g., a hand, a foot, an eye).
  • Calculation: The assigned percentage of loss of use is multiplied by the corresponding maximum number of weeks from the legal schedule. This total number of weeks is then multiplied by the worker's weekly benefit rate (which is generally two-thirds of their average pre-injury weekly wage).
  • Example: For an electrician earning $900 per week with a 25% permanent impairment to their arm (which has a maximum of 312 weeks):
    • Weekly Benefit: $900 * (2/3) = $600
    • Benefit Weeks: 312 weeks (arm maximum) * 25% = 78 weeks
    • Total SLU Award: $600 * 78 = $46,800
• Important Considerations: The insurance carrier may request that the injured worker undergo an Independent Medical Examination (IME) to obtain another opinion on the percentage of loss of use. The final SLU award decision rests with the Workers' Compensation Board, which reviews all submitted medical evidence. It's important to note that any temporary disability benefits already paid to the worker will typically be deducted from the final SLU award.

How Does a Schedule Loss of Use Claim Work in NYC?

1. Injury and Initial Treatment: First, you must report your injury to your employer as soon as possible. Get medical treatment right away. Make sure the doctor knows the injury happened at work.
2. Medical Recovery: You must complete most or all of your treatment before a SLU determination can be made. A SLU award is only given after your condition has become “medically stable.” This means doctors do not expect further improvement.
3. Doctor Evaluation: Your treating doctor or an independent medical examiner (IME) will evaluate your condition. They will determine if the injury led to permanent loss of use in the affected body part. This is based on guidelines set by the New York State Workers’ Compensation Board.
4. Filing the Medical Report: The doctor submits a physician’s report, which includes a “SLU opinion.” This outlines what percentage of permanent damage you have to the injured body part.
5. Insurance Review: The workers’ compensation insurance company also reviews the medical reports. They may accept the findings or request their own IME for a second opinion.
6. Negotiation or Hearing: If both sides agree on the SLU percentage, the insurance carrier will offer a settlement. If there is a disagreement, the Workers’ Compensation Board may hold a hearing to decide the award.
7. Payout: Once the final SLU percentage is decided, the compensation is calculated based on a schedule of weeks assigned to each body part. You may receive the payment in a lump sum or in weekly installments.

Which Body Parts Qualify for Schedule Loss of Use in New York?

• Arms: Includes the entire arm from the shoulder to the hand.
• Legs: Covers the full leg, including the thigh, knee, and foot.
• Hands: Includes all structures below the wrist, including fingers.
• Feet: Covers the area below the ankle, including toes.
• Shoulders: Permanent loss of motion or strength may qualify.
• Hips: Often involved in workplace slip-and-fall injuries.
• Elbows: May qualify if there's limited range of motion or chronic pain.
• Knees: Common injury sites, especially in physical labor jobs.
• Wrists: May be eligible if function is permanently reduced.
• Ankles: Must show continued pain, stiffness, or instability.
• Fingers and Toes: Even partial loss of motion or amputation can qualify.
• Eyes: Includes partial or total vision loss in one or both eyes.
• Hearing: Permanent loss in one or both ears may qualify, depending on severity.

How Is the SLU Award Calculated in New York?

1. Your average weekly wage : This is usually based on your earnings from the year before your injury.
2. Your compensation rate : You typically receive two-thirds (66.67%) of your average weekly wage, up to a maximum set by the state.
3. The type of body part injured : New York uses a schedule that assigns a set number of weeks for each body part, such as 312 weeks for an arm or 288 weeks for a leg.
4. Percentage of loss : A medical provider evaluates your injury and gives a percentage rating showing how much use of the body part you’ve permanently lost.

• A worker injures their right arm in a construction accident in Queens.
• The arm has a schedule of 312 weeks.
• The doctor finds a 30% permanent loss of use of the arm.
• That means 30% of 312 weeks = 93.6 weeks.
• If their average weekly wage was $900, their compensation rate would be $600/week.
• So 93.6 weeks x $600 = $56,160 SLU award.

When Can You Receive a Schedule Loss of Use Award in NYC?

1. You reach Maximum Medical Improvement (MMI): Your treating doctor or an independent medical examiner (IME) determines that your recovery has stalled and you won’t improve much more.
2. Your doctor gives you a medical report: The report details how much permanent loss of function you have in the injured body part. This is given as a percentage, like 25% loss of use of an arm.
3. The Workers’ Compensation Board reviews the report: They compare the doctor’s opinion to official state guidelines to decide on your SLU award.

What’s the Difference Between SLU and Other Workers’ Comp Benefits?

• SLU is based on permanent loss: SLU benefits are awarded when you lose some or all function in a specific body part. It does not matter if you can return to your job. The key is how much use you have lost permanently, not whether you're still working.
• Other benefits focus on your ability to work: Temporary benefits, like temporary total or partial disability, are paid when your injury keeps you from working for a period of time. These are about lost wages while you recover. SLU is about the lasting physical damage.
• SLU involves a medical evaluation: You need a doctor’s report saying you have a permanent loss of function in a listed body part. This report will include a percentage of loss, like 30% use lost in your arm. That’s used to calculate your SLU award.
• SLU is a one-time award: SLU benefits are often paid in a lump sum or in scheduled payments. Once completed, they do not continue unless there is a valid reason to adjust.
• Other workers' comp benefits are ongoing: Temporary disability benefits can last until you return to work or reach maximum recovery. Permanent total disability benefits, in rare cases, can last for life if you cannot return to any type of work.

How Long Does It Take to Receive a Schedule Loss of Use Award in NYC?

1. Reaching MMI: This can take weeks or months depending on your injury. You must reach MMI before an SLU evaluation can be done.
2. SLU Evaluation: Once you’re at MMI, your doctor will assess the permanent damage to the injured body part. They’ll give an opinion on the percentage of loss based on New York workers’ comp guidelines.
3. Filing the SLU Report: Your doctor will file a medical report with the Workers' Compensation Board. This can take a few weeks, especially if more than one doctor provides an opinion.
4. Review and Disputes: Your employer’s insurance company may agree or disagree with the doctor’s opinion. If both sides agree, the case moves forward more quickly. If there is a dispute, a hearing may be scheduled. This step can cause delays.
5. Workers’ Compensation Hearing (if needed): If there's disagreement over the SLU rating, a judge may be brought in to decide the percentage of loss and the award. Scheduling the hearing and receiving a decision may take additional time.
6. Payment of Award: After a final decision or agreement is reached, the insurance company usually begins paying the award according to a set schedule. Initial payments might start within a few weeks, depending on processing time.

• The time it takes for your injury to heal enough to reach MMI.
• The complexity of your injury and whether multiple doctors are involved.
• If there are disagreements between medical opinions or with the insurance company.
• How busy the Workers' Compensation Board is at the time of your case.

Common Injuries That May Lead to a Schedule Loss of Use in NYC

• Fractures: A broken bone in the arm, leg, hand, or foot can cause lasting loss of strength, motion, or function. Even if the bone heals, you may not recover full use.
• Severe Sprains or Torn Ligaments: A torn ligament in the knee, ankle, shoulder, or wrist can result in long-term damage and reduced movement.
• Dislocations: If a joint is forced out of place—such as in the elbow or shoulder—it may never return to full function, even after treatment.
• Nerve Damage: Injuries to nerves in the arms or legs can result in numbness, weakness, or a loss of fine motor skills. This damage may be permanent.
• Amputations: The loss of a finger, toe, hand, foot, or limb clearly leads to a permanent loss of use and usually qualifies for an SLU award.
• Tendon Injuries: Tendons connect muscle to bone. A torn tendon in the hand, arm, or knee can create lasting problems with movement or strength.

• Arms
• Legs
• Hands
• Feet
• Fingers and toes
• Eyesight and hearing

How Can a Workers’ Comp Lawyer Help With Your SLU Claim in NYC?

• Make Sure You Qualify: Not every injury qualifies for an SLU award. A workers’ comp lawyer can help determine whether your injury meets the criteria set by New York State Workers’ Compensation Board.
• Gather Medical Evidence: Your doctor must provide a report that clearly states your level of permanent loss. A lawyer can help make sure the report includes the right details and uses the correct ratings based on state guidelines.
• Deal With Insurance Companies: Insurance carriers may delay or deny SLU claims. A lawyer steps in to handle communications, file paperwork, and push back against any unfair decisions.
• Negotiate Your Settlement: SLU awards are based on set percentages, but there’s still room to negotiate. An attorney understands the SLU schedule and how to use it to help you seek a fair outcome.
• Estimate the Right Award Amount: Lawyers can calculate your possible award based on the body part affected, your level of loss, and your average weekly wage. This helps make sure you’re not being underpaid.
• Handle Appeals If Needed: If your SLU award is denied or too low, a workers’ comp lawyer can help you file an appeal and represent you at hearings.

Frequently Asked Questions About Schedule Loss of Use in New York

• What is a Schedule Loss of Use (SLU)? A Schedule Loss of Use is a workers’ compensation benefit. It's an award given when a worker loses function in a body part due to a job-related injury. The loss can be permanent, even if the body part is not amputated. The benefit is meant to compensate for that permanent loss.
• Which body parts qualify for an SLU? In New York, only some body parts are eligible. These include arms, legs, hands, feet, fingers, toes, eyes, and hearing. You cannot get an SLU award for the back, neck, or internal organs, but other benefits may be available for those.
• Do I need to be fully healed before filing an SLU claim? Yes. You can only file when your injury has reached “maximum medical improvement” (MMI). This means your condition is stable and not expected to change much, even with more treatment. A doctor will make this determination.
• How is the SLU percentage determined? A doctor will examine you and rate the loss as a percentage based on New York’s Workers’ Compensation Guidelines. For example, a 25% loss of use of an arm would mean you lost one-quarter of your arm’s function. The percentage helps calculate how much money you receive.
• Will an SLU award affect my other workers’ comp benefits? It might. If you return to work earning less than before, you may still qualify for lost wage benefits. But if you’re fully back to work with no loss in earnings, the SLU award may be the only payment you receive.
• Can I still get medical treatment after an SLU award? Yes. Even after receiving an SLU payment, you can still get future medical care related to the injury. Workers’ compensation covers necessary treatment for as long as your condition needs it.
• Can I disagree with the doctor’s SLU rating? Yes. If you don’t agree with the medical opinion or amount offered, you have options. You can request a second opinion, negotiate a settlement, or take the case to a hearing. A lawyer can help with this process.
• How long does it take to receive an SLU award in NYC? It can vary. Once you reach MMI and a medical report is filed, it still takes time for claims to be reviewed, and sometimes disputes arise. Having legal help may speed up the process and reduce delays.
• Do I need a lawyer for an SLU claim? It’s not required, but it can help. SLU claims involve medical reports, legal deadlines, and negotiations. A workers’ comp lawyer can guide you, protect your rights, and seek the best possible outcome.

Contact The Orlow Firm for Help With Your NYC Schedule Loss of Use Claim

• Review your case: We’ll examine your injury, medical records, and workers' comp details to determine if you qualify for a Schedule Loss of Use award.
• Help gather medical evidence: The SLU award is based on your permanent loss of function. We can help you get the correct evaluations from your doctor or schedule an independent medical exam if needed.
• Calculate your benefits: We’ll help estimate what your SLU benefit may be using the New York workers’ compensation schedule and your level of disability.
• Handle paperwork and filing: We take care of submitting forms, dealing with insurance companies, and responding to the Workers’ Compensation Board.
• Represent you in hearings: If there’s a dispute about your award, we’ll represent you at any workers’ comp hearings and fight for your fair compensation.

Sources

• New York State Workers' Compensation Board – Schedule Loss of Use Award
• New York State Workers' Compensation Board – Awards for Loss of Use or Permanent Disability
• New York Workers' Compensation Law Section 15 – Schedule in Case of Disability
• New York Workers' Compensation Board – 2018 Permanent Impairment Guidelines (PDF)
• New York Workers' Compensation Board – Schedule of Maximum Weekly Benefit