Receiving WC Benefits for a Permanent Disability: Workers’ Compensation Lawyer in NYC Explains Non-Schedule Loss of Use Awards
Workers’ compensation laws and regulations cover workers who suffer a work-related injury or a work-related illness. Under New York law, injured workers may receive up to two-thirds (2/3s) of lost wages, reimbursement for related medical bills, and other benefits for a permanent disability. When a worker suffers a permanent disability, the total award is based off a schedule loss of use award in a formula set by law and regulation. But when that injury is not on the schedule, an individual may be entitled to recover through a non-schedule loss of use award. This can be more complicated and these types of injuries are often more catastrophic or difficult to prove, especially without an experienced workers’ compensation lawyer in NYC.
Here at O’Connor Law, our compassionate and dedicated team has a proven track record of success handling work injury cases—including some of the most difficult injury cases. If you or a loved one were injured in a work-related accident, learn more about how we can help you maximize your WC benefits by calling (844) 692-6671 to schedule a FREE consultation with one of our experienced workers’ compensation lawyers in NYC. Our team can help you recover the benefits that you need and deserve after you have suffered a permanently disabling injury.
Why Are Permanent Injuries and Disability Different Under Workers’ Comp?
Unlike a negligence or personal injury claim, workers’ compensation laws and regulations do not allow an individual to recover pain and suffering. That is because workers’ compensation is concerned about an individual’s ability to work and his or her losses related to work, as opposed to personal injury law which will consider noneconomic factors (emotional harm and also pain and suffering).
As a result, an injured worker suffering a permanent disability needs to be compensated through workers’ comp. The way that normally happens is through a schedule loss of use award. This is a set list of certain injuries and the maximum amount of time that a worker could be given, reduced to the applicable percentage of loss assigned by doctors (or agreed to be the parties), and multiplied by two-thirds (2/3s) of salary. That will get the total benefit amount.
However, not all injuries are on the schedule loss of use. Some injuries, including some very large and devastating injuries, are not on that list. This is where a non-schedule loss of use award comes in.
What is a Non-Schedule Loss of Use Award in New York?
When a permanent disability is not listed on a schedule loss of use, it is considered to be a non-schedule loss of use and it is approached differently. These awards are treated as wage loss and benefits are based on your permanent loss of earning power, as opposed to the type of injury in a schedule loss of use.
Some of the most common and catastrophic types of non-schedule loss of use injuries include these injuries:
- Spine
- Lungs
- Pelvis
- Heart
- Brain
Other injuries that are not on the schedule loss of use also apply, but these are the most common and often the most catastrophic forms of injury.
Maximum Number of Weeks for Non-Schedule Loss of Use Awards
An individual who suffers a non-schedule loss of use award will have his or her disability be measured against their wage-earning capacity.
The weeks and percentages are as follows:
- 525 weeks for loss of wage earning capacity of greater than 95%
- 500 weeks for loss of wage earning capacity of greater than 90% through 95%
- 475 weeks for loss of wage earning capacity of greater than 85% through 90%
- 450 weeks for loss of wage earning capacity of greater than 80% through 85%
- 425 weeks for loss of wage earning capacity of greater than 75% through 80%
- 400 weeks for loss of wage earning capacity of greater than 70% through 75%
- 375 weeks for loss of wage earning capacity of greater than 60% through 70%
- 350 weeks for loss of wage earning capacity of greater than 50% through 60%
- 300 weeks for loss of wage earning capacity of greater than 40% through 50%
- 275 weeks for loss of wage earning capacity of greater than 30% through 40%
- 250 weeks for loss of wage earning capacity of greater than 15% through 30%
- 225 weeks for loss of wage earning capacity of 15% or less
Based on your loss of wage earning capacity, your salary is multiplied by the number of weeks for the percentage of loss. That becomes your total award for a non-schedule loss of use award.
Do You Have a Permanent Disability That is Not Listed a Schedule Loss of Use? Call Our Workers’ Comp Law Firm in NYC for Help
After a workplace accident or illness has caused you a non-schedule loss of use, call our experienced workers’ compensation lawyer in NYC at O’Connor Law to learn more about how we can help you and your family recover the compensation that you deserve. There are many traps and pitfalls with any WC award, especially a non-schedule loss of use. Do not try to handle this type of claim alone. Call our compassionate and experienced WC law firm for help by scheduling your FREE by dialing (844) 692-6671 or by sending us a private message through our “Contact Us” box available here.
