What Is a Scheduled Loss Award in New York Workers’ Comp?

When you suffer a work-related injury in New York, your benefits may go beyond medical care and temporary wage replacement. If the injury causes lasting damage to a specific body part, you may qualify for what is called a scheduled loss of use award. This type of benefit is designed to recognize permanent impairment and provide financial compensation, even if you return to your job. Many injured workers in Buffalo, Niagara Falls, Hamburg, Batavia, and the surrounding areas do not realize how these awards work until they reach the point of maximum medical improvement. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., our attorneys guide clients through every step of the workers’ compensation system, including claims for scheduled loss awards.

What A Scheduled Loss Award Means

A scheduled loss award, often called an SLU, is available when a worker permanently loses function in a body part that is listed on the state’s schedule of benefits. This schedule includes arms, legs, hands, feet, fingers, toes, eyes, and hearing. The award is not based on how long you are out of work but instead on the degree of permanent damage. The benefit is calculated in weeks of compensation tied to your average weekly wage.

For example, New York law sets a maximum number of weeks for a complete loss of a particular body part. A doctor evaluates your condition and assigns a percentage of permanent loss. The award is then based on that percentage of the maximum schedule. If you lose fifty percent of the use of your hand, the award will be calculated using half of the weeks assigned for a full hand loss.

How Medical Evaluations Affect The Award

The evaluation of permanent loss is not a casual opinion. Doctors follow strict medical guidelines when they determine whether your injury has stabilized and how much permanent damage remains. This is called maximum medical improvement. At that stage, the physician prepares a report describing the percentage of loss.

The workers’ compensation insurance company may send you to its own doctor for an independent evaluation. Disagreements between doctors are common, and the Workers’ Compensation Board often has to resolve these disputes. Because the rating of your injury directly impacts the financial value of your award, having a lawyer who understands the system can make a significant difference.

Examples Of Scheduled Loss Awards

To better understand the structure of scheduled loss awards, consider some of the maximum benefit periods under New York law. The loss of an arm is valued at 312 weeks of benefits, the loss of a leg at 288 weeks, the loss of a hand at 244 weeks, and the loss of an eye at 160 weeks. Smaller body parts are also listed in the schedule. A finger or toe injury will carry a shorter maximum duration, but compensation still applies.

The award is adjusted based on the percentage of permanent impairment. If a worker has a twenty five percent loss of use of a leg, the benefit will equal seventy two weeks of compensation. If the loss of use is one hundred percent, the award covers the entire 288 week schedule. This structure ensures that injured workers receive recognition for both partial and total losses.

Differences Between Scheduled Loss Awards And Other Benefits

Not all work injuries are covered by the schedule. Conditions affecting the spine, internal organs, or mental health are handled through other categories of benefits. Those cases usually involve a loss of wage earning capacity analysis rather than a strict schedule.

The important distinction is that an SLU award focuses on permanent physical damage to specific body parts. You may still qualify for temporary disability benefits while recovering and then receive a scheduled loss award after you reach maximum medical improvement. In some cases, workers receive both forms of benefits at different times in their claim.

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The Process Of Filing For A Scheduled Loss Award

The path to obtaining a scheduled loss award usually begins when your doctor declares you have reached maximum medical improvement. This means your condition has stabilized and is unlikely to change with additional treatment. At that point, the physician provides a medical opinion on your percentage of loss.

Your attorney submits this information to the Workers’ Compensation Board along with supporting records. The insurance company has the right to challenge the doctor’s conclusions, which can result in hearings. At these hearings, judges review the evidence, weigh medical testimony, and determine the correct rating.

Because the outcome of this process can significantly affect your financial recovery, legal guidance is especially important. An attorney can present evidence, question the insurer’s experts, and argue for a fair recognition of your limitations.

Challenges Workers Face With Scheduled Loss Awards

While the law provides a clear framework, disputes are common. Insurance companies often argue for lower percentages of impairment to reduce the size of the award. Delays in scheduling medical evaluations can push cases out for months. Workers may also find themselves pressured to settle for less than the full value of their claim.

Another issue arises when workers do not understand their rights. Some assume that once they are cleared to return to work, they no longer have any benefits available. In reality, the SLU award exists specifically to account for permanent limitations, even if employment continues.

Why Legal Representation Matters

Handling a scheduled loss award claim without legal help can put you at a disadvantage. The rules for calculating benefits, the procedures for medical evaluations, and the tactics used by insurance companies create challenges for most injured workers. An experienced attorney ensures that you do not miss opportunities to maximize your benefits.

At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we have decades of experience representing workers across Western New York. Our team understands the details of the state’s schedule of benefits and how to advocate effectively before the Workers’ Compensation Board. Whether your case involves a straightforward percentage of loss or a heated dispute with the insurer, we stand by your side from start to finish.

Connecting Scheduled Loss Awards To Broader Workers Compensation Benefits

Workers’ compensation is designed to cover more than just one type of award. Injured employees may also qualify for benefits related to temporary disability, lost wages, and medical treatment. In some situations, workers can pursue both a scheduled loss award and additional benefits, depending on the nature of the injury.

For example, someone who breaks an arm on a construction site may receive temporary wage replacement while recovering. Once the bone heals, if a permanent loss of motion remains, they may also receive a scheduled loss award. In cases where accidents involve heavy machinery or falls, the injuries can affect multiple body parts, requiring careful coordination of different benefits.

Our attorneys often help clients navigate these overlapping issues. We also handle related claims, including appeals of denied workers’ comp benefits and claims involving both workers’ comp and Social Security Disability. For more information, see our page on Buffalo workers’ compensation representation at https://www.colesorrentino.com/buffalo-workers-compensation-lawyers/ and our guide on denied claims at https://www.colesorrentino.com/denied-workers-compensation-claims/.

Practical Example For Workers In Western New York

Consider a worker in Buffalo who suffers a crush injury to the hand in a factory accident. After months of treatment, the hand regains partial function, but the worker cannot grip or lift the same way as before. Even if that worker returns to the job with accommodations, the permanent damage qualifies for a scheduled loss award. The award provides financial recognition for the lasting loss of ability.

In another example, a construction worker in Niagara Falls may sustain a serious leg injury. While they eventually return to light duty, the leg never regains full strength. A scheduled loss award ensures that the permanent weakness is accounted for, separate from any temporary benefits already paid during recovery.

Call For Guidance Today

If you have suffered a work injury that resulted in permanent damage, you may be entitled to a scheduled loss award. Do not let confusion about the system or pressure from insurance companies keep you from receiving the benefits you deserve. Call Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. at (716) 854-1005 to speak with an experienced workers’ compensation lawyer. We serve clients throughout Buffalo, Niagara Falls, Hamburg, Batavia, and nearby communities.