Schedule Loss of Use (SLU) Awards in New York Workers’ Compensation

A Schedule Loss of Use award is a benefit granted under the New York workers’ compensation system when a work-related injury causes a permanent loss of function to a scheduled body part listed in the statute. The award compensates for this functional loss rather than temporary disability or ongoing wage loss.

The Workers’ Compensation Board states that SLU awards are based on a schedule of weeks for specific body parts, each with a statutorily defined maximum. The actual payable weeks are determined by multiplying the percentage of functional loss by the scheduled weeks.

Which Injuries Qualify for SLU Awards in New York?

SLU benefits apply only to injuries involving scheduled body parts as established by the New York Workers’ Compensation Law. Common scheduled members include (but are not limited to):

• Arms
• Legs
• Hands
• Feet
• Eyes
• Fingers and thumb
• Toes
  These schedule values come directly from the statutory scheme established in §15 of the Workers’ Compensation Law, which defines the schedule used for permanent disability benefits.

Injuries to parts not on the schedule (such as the spine, internal organs, or brain) are addressed through a non-schedule permanent disability framework, where benefits are tied to loss of wage-earning capacity rather than scheduled weeks.

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What Is Maximum Medical Improvement (MMI)?

Maximum Medical Improvement (MMI) is a medical concept indicating that a worker’s condition has stabilized such that further significant improvement is not expected, even with continued treatment. MMI is a prerequisite for SLU awards in New York because awards require a permanent impairment rating. Permanent impairment is measured only when a condition is medically stable.

In New York practice, MMI is used as a threshold for evaluating permanent disabilities, including both scheduled and non-scheduled disabilities. It is presumed that most injuries will reach MMI within two years from the injury unless significant improvement is expected beyond that period.

Understanding New York SLU Schedule Weeks

Each scheduled body part has a maximum number of weeks for compensation under New York law. These schedule weeks apply to a 100% loss of use. When the loss is less than 100%, the actual payable weeks are proportionally reduced.

Although the Workers’ Compensation Board does not publish all week values in a single easy reference table online, the SLU schedule is defined in law (WCL §15) and frequently referenced in official Board guidance.

Common schedule values include:

• Arm: 312 weeks
• Leg: 288 weeks
• Hand: 244 weeks
• Foot: 205 weeks
• Eye: 160 weeks
  Smaller extremities such as fingers, toes, and thumbs have proportionally fewer weeks.

How SLU Awards Are Calculated in New York

A Schedule Loss of Use award is calculated through these generally accepted steps:

1. Assign the Percentage Loss of Use

A medical provider evaluates the permanent impairment of the injured body part and assigns a percentage loss of use reflecting functional loss.

2. Convert Percentage to Payable Weeks

The percentage is multiplied by the statutory schedule weeks.

Formula:
Payable weeks = (Schedule weeks) × (% loss of use)

For example, an injury to a hand with 244 schedule weeks and a 25% loss results in 61 payable weeks before adjustments.

3. Determine Weekly Compensation Rate (AWW-Based)

Workers’ compensation benefits in New York generally use the injured worker’s Average Weekly Wage (AWW) as a base. The weekly rate is traditionally calculated as two-thirds (2/3) of the AWW for indemnity benefits.

4. Apply the Maximum Weekly Benefit Cap (Date-of-Injury Rule)

New York law requires that the maximum weekly benefit is determined by the date of injury, and this maximum is fixed based on a schedule tied to the state’s average weekly wage. The benefit rate does not increase over time simply because statewide caps are updated later.

For example, per official Board filings:

• $1,145.43 per week was the max for injuries from July 1, 2023 through June 30, 2024.
• $1,222.42 per week is scheduled for injuries from July 1, 2025 through June 30, 2026.

5. Subtract Deductions for Prior Benefits

Temporary disability benefits already paid, as well as payments made while a worker was out of work, are typically deducted from the total SLU award. Remaining SLU value is then paid according to the applicable schedule.

How Schedule Loss of Use Awards Are Paid

After deductions, SLU awards are distributed as workers’ compensation benefits, either as periodic payments or as a lump sum, depending on claim circumstances and crediting for prior benefits. The Workers’ Compensation Board’s guidance explains that temporary benefits paid before SLU entitlement are typically credited against the SLU amount.

How Average Weekly Wage (AWW) Is Calculated

For SLU purposes, the AWW is generally determined by dividing the injured worker’s total earnings for the year prior to the injury by the number of days worked, adjusting for a standard work schedule, and then converting to a weekly wage.

In New York practice, variations apply depending on whether the worker’s schedule was four, five, or six days per week. AWW can also consider wage expectancy in some limited circumstances.

Are SLU Awards Taxable in New York?

No. Schedule Loss of Use awards are not subject to New York State income tax.

Workers’ compensation benefits, including SLU awards, are generally excluded from taxable income under both state and federal tax law. This tax treatment applies whether the award is paid periodically or as a lump sum. Injured workers with questions about tax interactions with other benefit programs should consult a qualified tax professional.

Using an SLU Calculator Responsibly

An SLU calculator provides an estimate but cannot account for every claim nuance. Before relying on an estimate for decision-making or settlement discussions, confirm the following factual inputs:

• The scheduled body part and correct weeks
• The percentage loss of use from medical evaluation
• The date of injury that determines the maximum weekly benefit cap
• The Average Weekly Wage (AWW) used in the claim
• Any temporary benefits already paid that may reduce total SLU value

Calculators are useful for planning, but final awards are determined through the Board with medical and factual evidence.

Frequently Asked Questions (FAQ)

What does SLU stand for in New York workers’ compensation?
SLU stands for Schedule Loss of Use, a workers’ compensation benefit for permanent impairment of specific body parts listed in New York law.

Can I receive an SLU award if I return to work?
Yes. Eligibility is based on permanent impairment, not whether the worker has resumed employment.

Is pain alone enough to qualify for an SLU award?
No. SLU awards are based on permanent functional impairment supported by medical evidence.

Does the maximum weekly benefit increase over time?
No. The maximum benefit is fixed by the date of injury and does not automatically increase with yearly updates.

Are SLU awards taxable in New York?
Workers’ compensation awards, including SLU, are generally not taxable under New York State law.

How is SLU different from other permanent disability benefits?
SLU applies to specific scheduled body parts. Other permanent disabilities may be non-schedule and tied to loss of wage-earning capacity.