A shoulder injury can have a lasting impact on your life and your ability to work. If your shoulder does not fully recover after a workplace accident, you may qualify for Schedule Loss of Use (SLU) benefits through New York Workers’ Compensation.
At O’Connor Law, our shoulder injury lawyers in Brooklyn work through the SLU process with clear explanations and practical support. Our Brooklyn schedule loss of use lawyer makes sure you understand how your benefits are calculated, what medical documentation matters, and how to protect your rights from start to finish.
What Is a Schedule Loss of Use Award?
SLU benefits are designed to compensate workers for permanent loss of function in a limb or joint, including the shoulder. Once your injury reaches maximum medical improvement (MMI), your treating doctor evaluates the extent of permanent impairment. This evaluation is recorded on a C-4.3 form, which the Workers’ Compensation Board uses to calculate your award.
Your SLU award is a percentage of your weekly wage, multiplied by the number of weeks assigned to the shoulder under the SLU schedule.
Keep in mind that any temporary payments you received from your employer or the insurance company while out of work will be deducted from your total SLU award.
Common Shoulder Injuries That Qualify
Several shoulder injuries may lead to permanent impairment and SLU benefits. These include:
- Rotator cuff tears from heavy lifting or falls
- Dislocations caused by impacts or sudden movement
- Fractures of the clavicle, scapula, or humerus
- Labrum tears or shoulder separations
Workers in physically demanding roles, such as MTA employees, construction laborers, first responders, and sanitation staff, are at higher risk due to repetitive motion, lifting, and strenuous physical activity.
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Filing Your Shoulder Injury Claim
To begin your claim, notify your employer and submit a formal request to the Workers’ Compensation Board. Provide all supporting evidence, including medical records, proof of lost wages, and reports from your doctor.
The Board reviews your documentation, determines your permanent impairment percentage, and calculates your award.
How the SLU Process Works in Brooklyn
The SLU process for shoulder injuries involves several steps. Our shoulder injury lawyer in Brooklyn can help you understand:
- Doctor’s evaluation: Your treating physician determines your permanent impairment and submits a C-4.3 form.
- Insurer review: The insurance company has 75 days to review your doctor’s report and may order an Independent Medical Examination (IME). O’Connor Law does not coordinate IMEs; the insurer handles them.
- Comparison of ratings: If the insurer’s IME assigns a lower percentage than your doctor, your case may proceed to depositions or written briefs before a Workers’ Compensation judge.
- Judge’s decision: The judge reviews all medical evidence and issues a final ruling on your SLU award.
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The Role of Medical Documentation
Medical records are important for establishing the severity of your shoulder injury. Your documentation should include:
- Detailed evaluations and diagnoses
- Imaging results (X-rays, MRIs, CT scans)
- Treatment plans, surgeries, and physical therapy notes
These records provide the foundation for calculating your SLU award. Without thorough documentation, it is difficult to prove the full extent of your permanent impairment. Accurate records also help during disputes or appeals.
Dealing With Denials and Appeals
If your SLU claim is denied, you have the right to appeal. Denials include an explanation, and appeals must be submitted in writing within a specified timeframe. You can submit additional evidence, such as updated medical records or testimony from specialists.
A hearing before a Workers’ Compensation judge gives you the opportunity to argue your case. Having an experienced lawyer can significantly improve your chances of success.
Why Choose Our Shoulder Injury Lawyer in Brooklyn
Founded in 2009, O’Connor Law has more than 35 years of combined experience handling Workers’ Compensation claims. We have helped thousands of New Yorkers recover over $25 million in non-medical benefits annually.
Our team focuses exclusively on Workers’ Compensation, ensuring workers receive knowledgeable, compassionate guidance. Our services include:
- Plain-language explanations of your rights and options
- Coordination of permanency evaluations with your treating physician
- A tech-savvy case management system and mobile app for real-time updates
- Bilingual support in Spanish, Haitian Creole, Tagalog, and Cebuano
- Contingency-based representation, meaning we only get paid if you receive money when the judge rules in your favor.
How SLU Awards Impact Your Daily Life
A permanent shoulder injury can make even routine tasks, such as lifting, reaching, or carrying objects, painful or impossible. Schedule Loss of Use benefits provide additional financial support to help you adjust to these limitations.
These awards are designed to recognize the lasting impact of your work and daily activities. Remember, any temporary wage-loss payments you received while out of work, whether from your employer or the insurance carrier, will be deducted from your total SLU award.
Filing Deadlines and Statutes You Need to Know in Brooklyn
Workers’ Compensation claims generally must be filed within two years of your workplace injury. This means that from the date you were hurt on the job, you have a limited window to notify your employer and submit a claim to the Workers’ Compensation Board. Missing this deadline can result in your claim being denied, even if your injury is severe.
For occupational or repetitive stress injuries, the timeline works differently. The clock begins when you knew or should have known that your injury was related to your work duties.
This can be especially important for shoulder injuries caused by repetitive lifting, pushing, or overhead work, where symptoms may develop gradually over months or years.
Filing promptly not only protects your eligibility but also gives you the best chance to gather medical evidence and document your work history while the details are fresh.
Early filing allows your doctor to track your progress accurately, provides a clear record of your treatment, and helps prevent delays in benefits. Our team of shoulder injury lawyers in Brooklyn can help you.
Contact Our Shoulder Injury Lawyer in Brooklyn
At O’Connor Law, we are here to help you after you’ve been injured in a work accident. Our team can help you get schedule loss of use benefits for the shoulder injury you have suffered.
Schedule your free consultation with a Brooklyn shoulder injury lawyer today.
