If you suffered an elbow injury on the job, you may be entitled to Workers’ Compensation benefits to help cover your lost wages, medical treatment, and more. Our elbow injuries lawyers in New York City focus on helping injured workers recover the compensation they need and deserve.
At O’Connor Law, our firm has secured over $25 million in non-medical benefits for hardworking individuals facing the challenges of a work-related injury.
Whether you sustained your injury from repetitive stress, a fall, or a workplace accident, call our New York City Schedule Loss of Use lawyers.
Why Do You Need a NYC Elbow Injuries Lawyer?
Whether you’re a municipal employee, a construction worker, a first responder, or someone in between, O’Connor Law is here to stand by your side after a work-related injury. Hiring an experienced New York City Workers’ Compensation lawyer can benefit your case in many ways, including:
- Ensure your claim is filed correctly and on time: We can help you avoid common paperwork mistakes that could delay or deny your benefits.
- Maximize your Workers’ Compensation benefits: We can pursue compensation for lost wages, medical treatment, and more.
- Challenge denied or underpaid claims: If your claim was denied or you’re receiving less than you deserve, we can appeal and fight for full payment.
- Access legal representation with no upfront costs: We work on contingency, meaning you pay nothing unless we recover benefits for you.
- Benefit from our firm’s experience and track record: We have secured over $25 million in non-medical benefits for injured workers across New York and are standing by to help you, too.
How Schedule Loss of Use (SLU) Works in New York State Workers’ Compensation
Schedule Loss of Use (SLU) is a form of Workers’ Compensation available in New York when a worker suffers permanent damage to certain body parts. Understanding how the SLU process works is important for anyone navigating a claim involving lasting physical impairments.
What Types of Injuries Qualify for SLU
SLU benefits apply only to specific body parts listed on a “schedule,” which includes the arms, hands, legs, feet, fingers, toes, eyes, and hearing. If a workplace injury leads to a permanent loss of function in one of these areas, even if you can still work, you may be entitled to compensation.
Maximum Medical Improvement (MMI) Must Be Reached First
Before an SLU award can be considered, the injured worker must reach what’s known as maximum medical improvement (MMI). This means the worker’s condition has stabilized and further medical improvement is not expected.
In most cases, MMI is determined approximately 9 to 12 months after the injury or following a surgery.
Medical Report Submission Using Form C-4.3
Once MMI is reached, a medical evaluation must be submitted using Form C-4.3. This form can be completed by the injured worker’s treating physician or by an Independent Medical Examiner (IME) selected by the insurance company.
The Workers’ Compensation Board requires this specific form to move the SLU process forward; if the form isn’t properly filed, the Board will not take action on the case.
Board Review and the EC-81.7 Notice
After the C-4.3 form is submitted, the Workers’ Compensation Board generally takes one to two months to issue a formal notice, known as EC-81.7, to the opposing party. Once that notice is issued, the insurance company has 75 days to respond. They may take one of the following actions:
- Submit their own medical report, often from an IME
- Accept the original SLU opinion
- Request to cross–examine the doctor who authored the opinion
- Submit a legal memorandum disputing the adequacy of the report
New York City Elbow Injuries in New York City Lawyer Near Me (914) 595-4502
What to Do Immediately After a Work-Related Elbow Injury in New York City
Taking the right steps after a workplace injury is critical to protecting your health and your right to Workers’ Compensation benefits. Failing to follow the proper procedures can lead to delays or the denial of your claim. Here’s what you need to know if you’ve been hurt on the job:
- Report your injury in writing within 30 days: It’s not enough to simply tell your supervisor—your injury must be reported in writing to ensure your claim is valid under New York law.
- Seek medical treatment right away: Visit a Board-certified healthcare provider as soon as possible and disclose all of your injuries, even if they seem minor at the time. Additionally, accurate medical records are essential for your claim.
Communicating With the Insurance Company
Once you’ve reported your injury and sought medical care, our team at O’Connor Law will contact your employer’s insurance company to begin pushing your claim forward.
If the insurance carrier or their nurse case manager contacts you directly, do not speak with them on your own. Let them know that you are represented by our firm and refer them to us immediately.
You should never communicate with the insurance company without legal representation. Our elbow injury lawyers in New York City will handle all communications on your behalf and keep you informed as soon as we receive any updates from the Board or the insurance carrier.
Potential Compensation Available for On-the-Job Elbow Injuries
If you’ve suffered an elbow injury on the job, you may be entitled to several types of Workers’ Compensation benefits under New York law.
These benefits are designed to support your recovery, replace lost income, and help you return to work if possible. Below are some of the categories of compensation available to injured workers:
Medical Benefits
Workers’ Compensation covers all reasonable and necessary medical treatment related to your elbow injury. This may include doctor visits, surgery, physical therapy, diagnostic testing, prescription medications, and any follow-up care deemed necessary by your treating physician.
Wage Replacement Benefits
If your elbow injury prevents you from working or limits your ability to earn a full income, you may qualify for temporary disability benefits. These benefits generally replace a portion of your lost wages and are provided while you are unable to work due to your injury, subject to limits set by state law.
Permanent Disability Benefits
If your elbow injury results in long-term impairment, you may be eligible for permanent partial disability (PPD) or permanent total disability (PTD) benefits. These payments are based on the severity of your injury and how it impacts your future ability to work.
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How SLU Assessments Are Evaluated and Disputed in New York
Schedule Loss of Use (SLU) evaluations in New York are based strictly on the 2018 Impairment Guidelines. These focus only on measurable loss of range of motion—pain, weakness, or reduced strength are not considered.
Doctors assess how far a joint moves compared to normal and assign a percentage based on that alone.
Disagreements Between Doctors Are Common
Treating doctors often assign higher impairment ratings, while insurance doctors tend to go lower. These differences are less often resolved through negotiation and more often lead to depositions, making the process longer and more costly.
The Process Can Take Over a Year
If no agreement is reached within the 75-day response period, a judge may give both sides 75 more days to settle or proceed with depositions. After that, legal briefs are filed, and the judge issues a final decision.
From the initial report to resolution, the SLU process can take 12 to 18 months. The timeframe can vary based on the specific circumstances of each case and the complexity of the evaluation.
We Keep You Informed Every Step of the Way
At O’Connor Law, we use modern technology to keep your case moving smoothly and keep you informed every step of the way.
Our advanced case management system helps us stay organized and efficient, while our mobile app allows you to receive real–time updates, communicate with our team, and access important case information—anytime, anywhere.
Call O’Connor Law to Speak With a New York City Elbow Injuries Lawyer Today
Elbow injuries can be painful, disruptive, and financially draining, but you don’t have to face the legal process alone. Our experienced elbow injury lawyers in New York City are here to help you pursue justice under the state’s Workers’ Compensation laws.
For more information, visit our FAQ page to get answers to common questions and learn more about how the team at O’Connor Law can support your claim.
