Diagnosed with a permanent partial disability due to a workplace accident or repetitive stress, and want to know what workers’ comp benefits you may be entitled to collect as a result? New York State workers’ compensation treats permanent partial disabilities differently depending on whether the disability in question involves a schedule or non-schedule loss of use. Here’s what you need to know about permanent partial disabilities and how the highly-skilled New York workers’ compensation attorneys with O’Connor Law PLLC can help ensure you receive the benefits you deserve.
This term refers to disabilities that are partial in character, but permanent in quality. If you were diagnosed with a permanent partial disability after reaching maximum medical improvement (MMI), it means that you have a permanent disability that only affects a specific part of the body, but forever limits your wage-earning capacity in a significant way.
NYS workers’ compensation provides benenfts for schedule and non-schedule loss of use injuries. How your disability is classified determines what benefits you’ll receive and how long they’ll continue.
A Schedule Loss of Use award, or SLU, is a cash benefit paid to workers who’ve experienced a loss of earning potential due to a permanent functional impairment of a body part sustained in an on-the-job accident. These cash benefits are awarded to employees who’ve permanently lost the use of an upper or lower extremity, or suffered vision or hearing loss. How long you can receive compensation depends on the body part and the severity of the disability. The maximum number of weeks you can collect benefits for various body parts is as follows:
Your SLU award is calculated based on the above schedule, as well as the body part you injured, the percentage of loss of function of that body part (as determined by a judge), and your average weekly wage.
If your permanent partial disability isn’t included in the schedule, you may be entitled to non-schedule loss of use benefits. Treated as wage loss, these benefits are based on your permanent loss of earning power. The maximum number of weeks you can collect benefits is as follows:
Some people think of workers’ compensation claims as an automatic process that takes care of itself. Nothing could be further from the truth.
Oftentimes, injured and disabled workers need an attorney to help them fight for fair benefits. This is particularly important in cases where the percentage of your loss of use will be used to make decisions.
At O’Connor Law PLLC, our attorneys can build a strong case for maximum benefits. Contact us today to schedule an appointment for a free initial consultation to find out how we can help you.