You were hurt on the job in Manhattan, and the doctor says you reached maximum medical improvement (MMI). You’re now hearing about a possible Schedule Loss of Use (SLU) award and want clear answers.
O’Connor Law helps union and non‑union workers across Manhattan pursue SLU benefits after injuries to an arm, leg, hand, foot, and other body parts covered by New York’s Schedule Loss of Use rules.
Our Schedule Loss of Use lawyers in Manhattan handle filings, medical evidence, independent medical exams (IME), hearings, and awards for SLU cases under Workers’ Compensation.
To get legal help, talk to our Manhattan Workers’ Compensation lawyers today and schedule a free consultation. We’ve helped thousands of injured workers with their claims.
How Schedule Loss Of Use Works In Manhattan Workers’ Compensation
A Schedule Loss of Use award is a Workers’ Compensation benefit paid for a permanent loss of function to certain body parts after you reach maximum medical improvement. In Manhattan and across New York, this covers extremities and senses listed in the statute, paid as a set number of weeks multiplied by your percentage loss and your compensation rate.
The New York State Workers’ Compensation Board (WCB) manages SLU claims. A judge reviews medical impairment ratings, calculates the award, and addresses any credits the insurer claims for prior payments or prior awards. You can receive an SLU even if you returned to work at full wages.
The process typically involves medical narratives using the WCB’s 2018 Permanency Guidelines, an impairment percentage from your treating doctor, and an independent medical examination report from the insurer. When the two ratings differ, our Schedule Loss of Use lawyer in Manhattan can present testimony, cross‑examine doctors, and argue for a fair result.
Calculating A Manhattan Schedule Loss Of Use Award
An SLU award is calculated in three steps. First, identify the schedule member (for example, arm or leg) and its maximum weeks under New York law. Second, apply your permanent impairment percentage to those weeks. Third, multiply the resulting weeks by your weekly benefit rate.
Differences in ratings often come from how range‑of‑motion, strength, and objective findings are measured. The 2018 Guidelines require specific methods, and a small variance in degrees or documentation can move the percentage noticeably. Our Manhattan SLU attorney can work with your doctor to align the measurements with the Guidelines and defend the rating at a hearing.
Manhattan Schedule Loss of Use Lawyer Near Me (914) 595-4502
Medical Evidence For SLU Claims In Manhattan
Your treating physician must issue an MMI finding and a permanent impairment rating. The most persuasive reports rely on objective data, like range‑of‑motion readings, imaging results, measured atrophy, and documented surgical findings. Vague summaries or missing measurements give the insurer room to push a lower number.
Insurers often schedule an IME that uses its own measurements and interpretation of the Guidelines. Those reports can be conservative, so your treating doctor’s detail and consistency matter.
If a hearing is needed, both doctors may testify. We prepare your treating physician, highlight objective findings that support the higher rating, and expose flaws or omissions in the carrier’s report. Clear medical evidence goes a long way toward a fair SLU award in Manhattan.
Dealing With Insurer Tactics And IMEs In Manhattan SLU Cases
Carriers often aim to reduce SLU exposure by disputing MMI, scheduling repeat IMEs, or relying on range‑of‑motion readings that are outliers compared to your therapy notes. Some raise arguments to claim that part of your loss belongs to an older injury. Others assert large credits for temporary payments to shrink the net award.
We address these tactics with preparation and documentation. You will know what to expect at the IME, what happens during the exam, and how to describe your symptoms without exaggeration or minimizing. After the IME, we review the report for errors, compare measurements across your file, and secure rebuttal evidence from your doctor.
At hearings in Manhattan, we cross‑examine the IME doctor about the Guidelines, measurement methods, and any inconsistencies. When appropriate, we retain an independent permanency consultant to conduct a second set of measurements aligned with the criteria. This creates a strong record for the judge and, if needed, for Board review.
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Prior Injuries, Apportionment, And Credits In Manhattan SLU Claims
New York allows apportionment (a reduction in benefits) where part of your impairment stems from a preexisting condition or a prior accident. The carrier must prove the prior condition was permanent and contributed to the current loss. If so, the percentage loss can be divided between old and new, potentially reducing the SLU percentage awarded for the current case.
Prior SLU awards for the same body part can also generate credits. The insurer may subtract weeks previously paid for that member from the new award, which changes the net weeks available. Distinguishing apportionment (medical causation) from credits (financial offsets) is central to avoiding an excessive reduction.
Carriers sometimes claim credits for temporary disability payments when they relate to the same member and period. We audit the payment history to confirm the type and timing of any credit, challenge unsupported offsets, and calculate the impact before any stipulation. This way, your expectations on the net amount match what will actually be paid in Manhattan.
Return To Work, Light Duty, And How SLU Payments Are Issued In Manhattan
You can receive a schedule award even if you have returned to work at your pre‑injury wage or higher. SLU is tied to permanent impairment, not to ongoing wage loss. That makes SLU important for workers whose pay bounced back but who still have a measurable loss of function.
Payment can be issued as a lump sum or in installments, depending on the credits, the carrier’s standard practices, and the judge’s direction. Many SLU awards are paid in a net lump sum after subtracting credits for prior awards or temporary disability weeks. If you are still missing time for other conditions, the court may structure payments to avoid overlap.
Light duty does not bar an SLU claim. If you are on modified work and earn less than before, you may still receive reduced earnings benefits while the SLU is being set. Once the award is finalized, ongoing wage‑loss payments typically end unless there is a different, active non‑schedule impairment driving them.
How Our Manhattan Schedule Loss Of Use Attorneys Build Your Case
We start with a focused review of your medical file, operative reports, therapy notes, and any prior injuries. Then we coordinate a permanency exam with your treating physician that follows the 2018 Guidelines. Where helpful, we arrange an independent rating to support your case.
Before the IME, we meet with you to cover the process, the scope of proper questions, and common pitfalls. After the IME, we analyze the report, request raw data, and line up rebuttal evidence. If the insurer raises apportionment or credits, we prepare a detailed response with citations to medical records and payment histories.
At hearings, we present testimony in a clear, focused format, emphasizing objective measurements and guideline‑based calculations. We negotiate fair stipulations when they reflect the record and push back when they do not. If a decision falls short, we preserve issues and file for Board review to keep your Manhattan SLU claim on track.
Contact O’Connor Law For Legal Assistance
Schedule Loss of Use claims are complicated, but you deserve to get the benefits you’re owed if your job gave you a permanent loss of function in a body part. Contact our Manhattan Schedule Loss of Use lawyers today to discuss your case, get a clear plan for your claim, and maximize the financial compensation you deserve.
