In some Workers’ Compensation cases, a job injury can lead to permanent damage in a body part like your shoulder, arm, hand, leg, or knee. When that happens, you may qualify for a Schedule Loss of Use (SLU) award, which provides compensation for the lasting loss of function in that body part. Our Schedule Loss of Use lawyers in Mamaroneck can help you.
At O’Connor Law, our Mamaroneck workers’ compensation lawyer focuses only on Workers’ Compensation and has helped thousands of injured workers recover millions in non-medical benefits each year. We are a woman-owned, multicultural firm with bilingual staff ready to help.
What Schedule Loss of Use Means Under New York Law
A Schedule Loss of Use award is given when you have a permanent loss of function in a specific body part. This usually applies to limbs like your arm, leg, hand, foot, shoulder, or knee. It does not apply to the back, spine, or head.
Before an SLU can be considered, you must reach maximum medical improvement (MMI). This means your condition has stabilized and is not expected to improve further, which often happens several months after treatment or surgery.
At that point, your doctor measures how much movement you have lost compared to normal. These measurements are used to assign a percentage of loss based on the 2018 Impairment Guidelines, which focus on range of motion, not pain.
How the Schedule Loss of Use Process Works in Mamroneck
Once you reach MMI, your treating doctor must submit a specific form called a C-4.3. This report includes your percentage of loss and must follow the state guidelines closely. Without this form, the process cannot move forward.
After the form is submitted, the Workers’ Compensation Board gives the insurance company 75 days to respond. The insurance company may accept the report, request more information, or send you to an Independent Medical Exam (IME) for a second opinion.
If the doctors disagree, the case may move forward with depositions or written arguments before a judge. A final decision is then made based on the medical evidence. This process can take 12 to 18 months from the time the report is submitted.
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How SLU Awards Are Calculated
Each body part has a set number of weeks assigned to it under New York law. For example, an arm is worth 312 weeks, and a leg is worth 288 weeks. Your percentage of loss is applied to that number.
For example, if you have a 10% loss of use of your arm, you would receive 10% of 312 weeks. That number is then multiplied by your weekly compensation rate, which is typically up to two-thirds of what you made before taxes.
It is important to know that any payments you already received while you were out of work may be deducted from your SLU award. The insurance company will often try to take credit for those payments, which can affect the final amount.
Common SLU Injuries in Mamaroneck Workplaces
In Mamaroneck and nearby areas, our Schedule Loss of Use lawyers in Mamaroneck often see shoulder injuries like torn rotator cuffs, along with elbow injuries, wrist injuries, and hand injuries. These are common in construction, healthcare, and municipal jobs.
Knee injuries, including ACL or meniscus tears, are also frequent and can lead to lasting limitations in movement. These types of injuries are often serious enough to qualify for an SLU award once healing is complete.
Even after surgery, many workers are left with reduced motion or strength. These lasting limitations are what determine the percentage of loss, not just the fact that an injury occurred.
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Our Schedule Loss of Use Lawyer in Mamaroneck Can Gather Evidence That Can Strengthen Your Case
Strong medical documentation is key to a successful SLU outcome. Your doctor’s measurements must clearly show how your range of motion is limited compared to normal.
Helpful evidence includes imaging tests, surgical reports, and physical therapy notes that show ongoing limitations. Consistent treatment records also help show that your condition did not fully improve.
It is also helpful to have records showing what your job required before the injury. This can provide context for how your injury affects your ability to perform daily tasks at work.
Prior Injuries and Insurance Company Tactics
If you had a previous injury to the same body part, the insurance company may try to argue that part of your condition existed before the accident. This is known as apportionment.
They may also try to reduce your award by claiming credit for payments they already made. These calculations are not always straightforward and are often disputed.
The insurance company has a legal team working to limit what they pay. Understanding how these arguments work can help you avoid losing part of the award you may be entitled to.
Why Understanding the SLU Process Matters
The SLU process is technical, and small details can have a big impact on the outcome. The percentage assigned by a doctor, the wording in a report, and the timing of filings all play a role.
Since the guidelines are strict, even small errors or missing information can delay your case or reduce your award. That is why it is important to understand how the process works from the beginning.
At O’Connor Law, our Schedule Loss of Use lawyers in Mamaroneck focus on making this process easier to understand. With over 35 years of combined experience, we help workers go through the system and avoid common pitfalls. We work on a contingency fee, which means we only receive a fee when there is a monetary award in your case.
Contact Our Schedule Loss of Use Lawyer in Mamaroneck
If you have a permanent injury from a workplace accident in Mamaroneck, you may be entitled to a Schedule Loss of Use award. Understanding your rights and the process can make a difference in the outcome. We offer consultations by phone, Zoom, or in person by appointment. Our team explains your options clearly so you can make informed decisions about your case.
The insurance company has a legal team; why don’t you? Reach out to O’Connor Law for a free consultation to learn how we can help you move forward with confidence.
