Workers’ compensation claims in New York can become quite complex, especially when dealing with injuries to specific body parts like the fingers, hands, and wrists. Under the state’s workers’ compensation system, injuries to these body parts are compensated based on the concept of Scheduled Loss of Use (SLU). This form of compensation provides workers with benefits for the permanent loss of function in particular body parts, as listed on the New York State Workers’ Compensation Board schedule.
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When workers are injured and are unable to perform their regular duties, the SLU benefit can play a crucial role in ensuring they are compensated for the permanent impairment. It’s vital for workers and their families to understand how SLU works, what factors influence the compensation, and how to navigate the claims process.
What is Scheduled Loss of Use in Workers Compensation 
Scheduled Loss of Use, or SLU, is a benefit available to injured workers in New York who suffer from permanent impairments to specific body parts, as listed on a set schedule by the New York State Workers’ Compensation Board. The SLU benefit compensates workers for the loss of function or loss of use of these body parts, based on the degree of the impairment.
The schedule is set by the state, assigning a certain number of weeks of compensation for each body part. For example, the loss of one finger may correspond to a set number of weeks, while the loss of a whole hand or wrist might warrant more weeks of compensation. For workers with severe injuries that affect their ability to return to their previous work, SLU ensures they are financially supported while recovering or adjusting to new working conditions.
How SLU Compensation Is Calculated for Finger, Hand, and Wrist Injuries
In New York, the Workers’ Compensation Board uses a formula to calculate the compensation that workers are entitled to under SLU. The formula takes into account the body part that was injured and assigns a specific number of weeks for compensation based on the severity of the injury and its impact on the worker’s ability to perform their job duties.
The calculation process involves determining the degree of permanent impairment to the affected body part, often through medical documentation and evaluation. The percentage of impairment is crucial in determining the overall amount of compensation the worker will receive. For example, a complete loss of use of a finger may be assigned 75 weeks of compensation, while a severe wrist injury could be assigned 150 weeks, depending on the loss of functionality.
Once the number of weeks of compensation is determined, the worker will receive weekly benefits based on their average weekly wage. New York law dictates that workers are entitled to two-thirds of their average weekly wage, up to a statutory maximum, for each week of disability due to the SLU.
Medical Documentation and Legal Support in SLU Claims
One of the most important aspects of a successful SLU claim is obtaining the proper medical documentation. In order for a worker to be compensated for their injury, they must have substantial medical evidence that demonstrates the degree of their impairment. This usually involves having a doctor or specialist provide an opinion on the permanent nature of the injury and how it has impaired the function of the injured body part.
In addition to medical documentation, legal representation plays a crucial role in ensuring workers get the compensation they deserve. Workers’ compensation attorneys are familiar with the SLU process and can help clients gather necessary medical records, file the proper paperwork, and ensure that the claim is processed efficiently. Attorneys can also help negotiate settlements and guide workers through the complexities of the workers’ compensation system to ensure they receive fair compensation for their injuries.
Common Hand, Finger, and Wrist Injuries Eligible for SLU in New York
Finger injuries are some of the most common types of workers’ compensation claims in New York. These injuries can range from fractures to amputations, each with a varying degree of severity. Even though a finger injury might seem relatively minor, a severe fracture, dislocation, or injury requiring surgery could result in a permanent loss of function, which qualifies for SLU compensation.
Hand injuries also rank high on the list of workers’ compensation claims in New York, particularly for those in fields like construction, manufacturing, and other manual labor jobs. Workers who suffer from hand injuries that prevent them from performing their normal tasks can seek compensation under SLU, with the potential for weeks or even months of benefits based on the extent of the impairment.
Wrist injuries are another common type of SLU claim, as the wrist plays a vital role in many types of work. Injuries such as fractures, sprains, and tendon damage may lead to a permanent impairment of the wrist, making it difficult for workers to carry out basic job functions. When wrist injuries occur, workers need to be aware that compensation may be based on the percentage of the wrist’s functionality that has been lost.
The Role of Impairment Ratings in SLU Claims
In the SLU claims process, the impairment rating is an essential factor in determining the compensation a worker receives. This rating is provided by a medical professional who evaluates the severity of the injury and assesses the percentage of function lost in the affected body part. The medical professional will consider factors such as range of motion, strength, and ability to perform daily tasks when assigning the impairment rating.
Once the impairment rating is established, it can help determine the number of weeks of compensation the worker is entitled to. For instance, if a worker’s impairment rating for a hand injury is 50%, they may be eligible for half of the scheduled compensation period for a total loss of hand use. In New York, the impairment rating is central to calculating the appropriate SLU compensation for workers suffering from permanent impairments to their fingers, hands, or wrists.
What Happens After the SLU Claim is Approved
After a workers’ compensation claim is approved for SLU, workers will begin receiving their weekly benefits. These benefits are paid for the duration of the scheduled number of weeks assigned to the body part that was injured. However, SLU compensation is not indefinite. It ends once the worker reaches the end of the assigned weeks, even if they are still experiencing symptoms related to the injury.
In some cases, workers may be eligible for additional benefits if their injury results in a total disability that prevents them from returning to work. These benefits are typically provided through a separate form of workers’ compensation known as permanent total disability (PTD) benefits. PTD benefits provide ongoing financial support to workers who are unable to return to any type of gainful employment due to their injuries.
The Importance of Legal Guidance in Navigating SLU Claims
Navigating the SLU claims process can be difficult without the help of an experienced workers’ compensation attorney. Attorneys are not only well-versed in how SLU claims are processed but also understand the intricacies of dealing with insurance companies and negotiating settlements. They can help ensure that the worker’s case is handled properly, and that they receive the full compensation they deserve.
The legal process can be overwhelming for workers dealing with pain and disability, which is why having a trusted attorney by their side is crucial. An attorney will handle the legal and procedural aspects of the claim, allowing the injured worker to focus on recovery and adjusting to their new normal. With the right legal support, workers can better understand the SLU system and make sure they are not shortchanged in terms of benefits.
Understanding how workers’ compensation claims for hand, finger, and wrist injuries are handled under the SLU benefit system is key for workers facing such injuries in New York. From the calculation of impairment ratings to the process of filing a claim, there are many moving parts to consider. Workers need to be informed about their rights and take the necessary steps to ensure their injuries are properly documented and compensated.
SLU provides vital financial support for workers suffering from permanent impairments that prevent them from performing their job duties. With the right medical evaluation and legal assistance, workers can ensure they receive the full benefits they are entitled to under New York’s workers’ compensation laws. By securing legal representation and understanding the SLU process, workers can protect their financial future while recovering from their injuries.
To navigate the complexities of SLU claims and ensure you receive the full compensation you deserve, contact the experienced team at Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. We’re here to guide you through every step of the process and protect your rights under New York workers’ compensation law.