Construction and other high-risk occupations often expose workers to serious injuries that can cause permanent limitations even after recovery. In New York State, the workers' compensation system includes a specific benefit known as the Schedule Loss of Use (SLU) award, which provides compensation for permanent damage to specific body parts. For construction workers who face high risks of limb and sensory injuries, understanding SLU awards is especially important.
While general workers' compensation covers lost wages and medical bills, SLU awards focus on the lasting effects of the injury on the worker's body, even after they reach Maximum Medical Improvement (MMI).
These awards help address long-term loss of function that can impact quality of daily life, work duties, and earning power. However, getting a fair SLU award can be challenging, as insurance companies often try to downplay the severity of the impairment.
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Why Choose the Porter Law Group for Your Schedule Loss of Use Claim
Navigating the SLU claims process in New York requires in-depth knowledge of complex legal and medical standards. That's where the Porter Law Group stands out as a premier legal resource for injured construction workers. We represent construction workers and other employees in securing the SLU benefits they're rightfully owed. Our attorneys are highly familiar with the 2018 Permanent Impairment Guidelines and the detailed math behind SLU calculations, allowing us to fight for maximum compensation that our clients deserve.
What distinguishes the Porter Law Group in Schedule Loss of Use cases is our meticulous approach to medical evidence. We work closely with treating physicians to make sure all permanent impairments are fully documented, accurate measurements and loss percentages are recorded according to New York law, and that your rating reflects the true impact of your injury.
Our legal team also handles all disputes, appeals, and negotiation challenges that often arise in SLU cases. If an insurance company assigns a rating that doesn't match your actual condition, we fight back, using legal remedies that can lead to significantly higher awards.
We encourage you to view the results we've achieved for previous clients to understand the significant difference skilled legal representation can make in these cases.
What is a Schedule Loss of Use (SLU) Award?
A Schedule Loss of Use award in New York is a cash benefit paid under Workers' Compensation Law for a permanent functional impairment to a specific body part listed in the statutory schedule, even if the worker is able to return to work.
A Schedule Loss of Use award is an additional cash payment that compensates a worker for loss of wage-earning capacity resulting from a permanent loss of function in a scheduled body part caused by a work-related injury. SLU awards are only available for injuries to specific "scheduled" body parts such as the arm, hand, fingers, leg, foot, toes, eyesight, hearing, and certain facial/head disfigurement, with maximum weeks fixed by statute for each body part.
The Legal Framework for SLU Awards
Under New York Workers' Compensation Law §15(3), the SLU schedule includes 27 specific body parts, each with a set maximum number of weeks of compensation. These are meant to reflect the degree of permanent functional loss, not whether the injured worker continues working in any capacity.
| Body Part | Maximum Weeks |
|---|---|
| Arm | 312 |
| Leg | 288 |
| Hand | 244 |
| Foot | 205 |
| Eye | 160 |
| Thumb | 75 |
| Index Finger | 46 |
| Middle Finger | 30 |
| Ring Finger | 25 |
| Little Finger | 15 |
| Big Toe | 38 |
| Other Toes | 16 |
This schedule applies to injuries involving limbs and sensory organs, such as arms, legs, hands, feet, eyes, and ears. It does not cover injuries to the neck, back, or internal organs. These non-schedule injuries are handled separately, using a different compensation model based on the worker's loss of wage-earning capacity.
Key Features of SLU Awards
Schedule Loss of Use (SLU) awards include several important characteristics that set them apart from other workers' compensation benefits:
Focus on permanent impairment: Unlike temporary disability benefits, SLU awards are issued after the injured worker reaches Maximum Medical Improvement (MMI) to compensate for lasting functional limitations.
Based on physical damage: SLU benefits require evidence of anatomical injury to bones, muscles, tendons, ligaments, or nerves.
Functional assessment: Awards are determined by the degree of functional loss, not by pain alone or visible scarring.
Typically a one-time payment: Most SLU benefits are issued as a lump-sum payment after MMI is established.
Separate from wage replacement: A worker can still receive an SLU award even if they return to work earning full wages.
For construction workers, who often suffer injuries from falls, heavy equipment, or repetitive stress, SLU awards provide critical compensation for permanent disabilities that may affect their long-term earning capacity and quality of life.
Who is Eligible for an SLU Award?
A worker may be eligible for a Schedule Loss of Use award if:
- They have recovered to the greatest extent possible from the injury and reached maximum medical improvement (MMI).
- A health care provider submits a medical report that follows the current Permanent Impairment Guidelines and states that the claimant has reached MMI.
- There is a permanent loss of function in a covered body part due to the on-the-job injury.
Permanent loss of function can result from damage to bone, muscles, cartilage, tendons, nerves, blood vessels, or other tissues in the affected scheduled body part.
What Happens After a Health Care Provider's Medical Report is Submitted?
Once the treating provider submits an MMI report stating the percentage of permanent loss of use, the insurer may either accept that SLU percentage or obtain its own medical opinion (often through an Independent Medical Examination, or IME).
The Workers' Compensation Board reviews the medical reports (treating provider and IME, if any), determines the SLU percentage, and issues a decision. That percentage is then used to calculate the number of weeks and amount of the SLU award.
After the decision is filed, the insurer must pay within 10 days. Either party may file an appeal within 30 days if there is a dispute about the SLU percentage or award.
The Medical Evaluation Process for SLU Awards
Getting a fair SLU award depends on accurate medical evaluations and thorough documentation. Here's a breakdown of the key steps:
1. Maximum Medical Improvement (MMI) Determination
The SLU process starts when a doctor determines the worker has reached MMI, the point where no further recovery is expected, even with treatment.
Key points include:
Timing: MMI is usually reached 12-18 months after injury or surgery. For non-surgical cases, MMI cannot be declared within the first six months unless all parties agree.
Documentation: The treating physician must use specific Workers' Compensation Board language to confirm MMI.
Evidence: Medical records should include proof that the treatment plan was completed and the condition has stabilized.
At the Porter Law Group, we coordinate with medical providers to ensure MMI is properly documented at the right time, avoiding premature findings that could reduce your award.
2. Impairment Assessment Using the 2018 Guidelines
Once MMI is confirmed, physicians use the 2018 Permanent Impairment Guidelines to determine the percentage of functional loss. These evaluations focus on:
Range of motion: Measured with a goniometer using standard protocols for each joint. For example, normal elbow flexion is 150 degrees; any reduction is calculated as a percentage of loss.
Neurological damage: Measured through specific tests for sensation, muscle strength, and nerve function.
Amputations: Compensation depends on the level of amputation (e.g., distal vs. proximal phalanges).
Special considerations: Some injuries, like carpal tunnel syndrome (15-33% hand loss) or rotator cuff tears (15-40% arm loss), have their own standard ranges.
The resulting percentage is applied to the statutory number of benefit weeks for the affected body part. For example, a construction worker with a 50% loss of hand function would receive 122 weeks of benefits (50% of 244-week maximum).
3. Medical Evidence and Documentation
Strong medical records are essential to a successful SLU claim.
Key documentation includes:
- Detailed narrative reports that describe how the injury permanently affects function
- Range of motion measurements recorded with a goniometer
- Side-to-side comparison to uninjured side when applicable
- Post-operative imaging studies for amputation or surgically repaired fractures
- Completed Board-prescribed forms such as the Doctor's Report of MMI/Permanent Impairment (Form C-4.3)
At the Porter Law Group, we guide clients in gathering complete, Board-compliant medical evidence, which can mean the difference between inadequate and fair compensation.
4. Dispute Resolution for Contested Evaluations
It's common for insurance companies to challenge the treating doctor's impairment rating by ordering an Independent Medical Examination (IME).
When there are conflicting medical opinions:
- The Workers' Compensation Board may schedule a hearing to weigh medical evidence
- Judges evaluate both treating physician reports and IME findings
- Medical testimony may be required to settle major differences
Our attorneys prepare both the client and the treating physician to respond effectively to IME tactics and present clear, credible medical evidence at hearings. We work to ensure your impairment is accurately represented and fairly compensated.
NYS Workers' Comp Settlement Chart: How Much Is My Schedule Loss of Use Award?
The Workers' Compensation Board publishes the statutory schedule listing each covered body part and its maximum number of weeks, which functions as the core New York schedule chart for SLU awards.
SLU awards are calculated by:
- Identifying the body part and its maximum weeks from the schedule (e.g., arm 312 weeks, leg 288 weeks).
- Applying the Board-determined percentage loss of use (e.g., 25% loss of arm) to those weeks.
- Multiplying the resulting weeks by the worker's weekly compensation rate (generally two-thirds of the average weekly wage, up to the statutory maximum), and then subtracting any temporary disability payments already made.
Example Calculation
The Board's example for a 25% loss of use of an arm, with an average weekly wage of $900 and a $600 weekly benefit rate, produces a 78-week entitlement (25% of 312) and a total SLU award of $46,800 before subtracting prior temporary benefits.
Calculation of Schedule Loss of Use Awards
Understanding how SLU awards are calculated is critical for injured workers to evaluate whether a proposed settlement is fair and accurate.
1. Determining Your Average Weekly Wage (AWW)
The first step in SLU calculation is determining your Average Weekly Wage (AWW), which serves as the basis for benefit calculations:
- AWW is typically calculated as your total earnings in the 52 weeks before the injury, divided by 52.
- For seasonal or irregular employment, alternative methods may be used
- Your final weekly benefit is also subject to state-mandated minimum and maximum rates.
As of 2025:
- Minimum benefit: $325/week
- Maximum benefit: $1,063.76/week (two-thirds of the New York State average weekly wage)
2. The SLU Award Formula
Once both your AWW and permanent impairment percentage are established, the SLU award is calculated using this formula:
Weekly Benefit = AWW × 66⅔%
Total Award = Weekly Benefit × (Maximum Weeks × Impairment %)
Example:
An electrician earning $900 per week with a 25% permanent impairment to the arm would receive:
- Weekly benefit: $900 × 2/3 = $600/week
- Benefit weeks: 312 weeks (arm maximum) × 25% = 78 weeks
- Total SLU award: $600 × 78 = $46,800
3. Adjustments for Multiple Injuries: The Loading Process
Construction accidents frequently involve multiple injuries to different body parts. In these cases, New York law applies a process called "loading" to adjust benefit calculations:
Multiple digits: If two or more fingers each have over 50% loss, a 60% loading factor is applied, and the result is converted into the hand schedule.
Proximal injuries: Amputations involving metacarpals or similar deep structures are loaded at 120%.
Multiple major body parts: Injuries to separate extremities (e.g., arm and leg) are calculated independently and not combined.
For example, a roofer losing 60% thumb function (45 weeks) and 50% index finger function (23 weeks) would receive:
- Total digit weeks: 68
- 60% loading adjustment: 68 × 60% = 40.8 additional weeks
- Converted to hand schedule: 108.8 total weeks ÷ 244 (hand schedule) = 44.6% hand impairment
These calculations are highly technical and often disputed by insurance carriers. At the Porter Law Group, our attorneys understand the intricacies of SLU math and work diligently to ensure every client receives the full compensation allowed under New York law.
How Are Awards Paid?
Temporary disability benefits previously paid, as well as certain wage payments made by the employer while the worker was out, are deducted from the gross SLU award before payment.
The remaining SLU award may be paid either as continuing workers' compensation checks until the award is satisfied or, if requested and directed by the Board, in a lump-sum payment.
Construction-Specific Considerations for SLU Claims
Construction workers face unique challenges and opportunities when it comes to SLU claims, due to both the nature of their work and the legal framework governing construction accidents in New York.
1. Coordination with Third-Party Liability Claims
While workers' compensation is typically the only remedy against an employer, injured construction workers may also have the right to pursue third-party lawsuits. These additional claims can significantly increase total compensation and often arise under:
Labor Law §240(1): Known as the Scaffold Law, this imposes strict liability for gravity-related accidents, including falls.
Labor Law §241(6): Applies to violations of specific safety code regulations at construction sites.
Common law negligence: May involve equipment manufacturers, property owners, or subcontractors who contributed to the injury.
When a worker receives both an SLU award and a third-party settlement, complex subrogation rules apply. In most cases, the injured worker must reimburse two-thirds of the workers' compensation benefits received from their third-party recovery.
At the Porter Law Group, we strategically coordinate SLU claims to maximize total compensation while minimizing reimbursement obligations.
2. Common Construction Injuries and Their SLU Implications
Certain injuries are particularly common in construction settings and come with unique SLU considerations:
Fall-related fractures: Injuries such as heel (calcaneus) fractures from falls can result in 25-75% loss of foot function.
Crush injuries: Incidents involving machinery may lead to vascular and nerve damage, which often result in higher SLU ratings.
Traumatic amputations: Power tool accidents that cause finger or hand loss are rated based on the location and extent of the amputation.
Shoulder injuries: Falls from heights may cause rotator cuff tears, typically rated between 15-40% loss of arm function.
Eye injuries: Debris, welding flash, or chemical exposure can impair vision and are evaluated under the eye schedule.
Understanding how these injuries are rated is critical for ensuring that the SLU award reflects the true impact on long-term function and earning capacity.
3. Catastrophic Injury Overlap
Some construction injuries meet the criteria for both SLU awards and "grave injury" status under Workers' Compensation Law §11. These catastrophic injuries, including traumatic amputations of limbs, allow employers to be sued for contribution in third-party cases, potentially increasing total compensation.
At the Porter Law Group, we identify and pursue all avenues of compensation, especially in cases involving catastrophic injuries, to ensure our clients receive the maximum possible outcome.
New York Workers' Compensation Non-Schedule Awards
"Non-schedule" permanent disability covers body parts and conditions not included in the SLU schedule, such as the spine, pelvis, lungs, heart, and brain, as well as certain extremity impairments that cannot be rated as a schedule loss.
Non-schedule benefits are based on the claimant's permanent loss of wage-earning capacity, not on a fixed body-part schedule. For accidents or disablement dates on or after March 13, 2007, benefits are payable for a capped number of weeks tied to the percentage loss of wage-earning capacity (ranging from 225 weeks for 15% or less to 525 weeks for greater than 95%).
Medical providers evaluating non-schedule permanent disability are instructed by the Board's guidelines to assess both medical impairment and the impact on functional and exertional abilities, and those ratings feed into the loss-of-wage-earning-capacity determination.
Non-Schedule Loss of Wage-Earning Capacity (LWEC) Weeks Table
| Loss of Wage-Earning Capacity | Maximum Weeks of Benefits |
|---|---|
| Greater than 95% | 525 weeks |
| Greater than 90%-95% | 500 weeks |
| Greater than 85%-90% | 475 weeks |
| Greater than 80%-85% | 450 weeks |
| Greater than 75%-80% | 425 weeks |
| Greater than 70%-75% | 400 weeks |
| Greater than 60%-70% | 375 weeks |
| Greater than 50%-60% | 350 weeks |
| Greater than 40%-50% | 300 weeks |
| Greater than 30%-40% | 275 weeks |
| Greater than 15%-30% | 250 weeks |
| 15% or less | 225 weeks |
Do You Have a Permanent Disability or Loss of Use After a Workplace Accident in New York?
After a work-related accident in New York, a worker may have either a scheduled permanent partial disability (qualifying for an SLU award) or a non-schedule permanent partial disability, depending on the body part and type of impairment.
The Board determines whether the impairment qualifies as a schedule loss (specific extremity, vision, hearing, or certain disfigurement) or as a non-schedule classification (e.g., spine or systemic conditions) and then applies the appropriate statutory framework for benefits.
Reaching MMI is a prerequisite for any determination of permanent disability. At that point, permanent impairment and, where applicable, loss of wage-earning capacity are established for purposes of awards.
Recent Changes to SLU Guidelines and Their Impact
In 2018, the New York Workers' Compensation Board implemented new Permanent Impairment Guidelines, which significantly changed how SLU awards are calculated.
Key Changes in the 2018 Guidelines
The revised SLU guidelines introduced the following important changes:
- Standardized measurement protocols for range of motion assessments
- Detailed loading conversion tables for multi-digit injuries
- Stricter evidentiary requirements for neurological claims
- Modified percentages for certain common conditions like rotator cuff tears
According to the Injured Workers Bar Association, these changes led to reduced awards in roughly 72% of cases, making it even more important for injured workers to have experienced legal representation.
Implications for Injured Workers
The 2018 changes to the guidelines present both challenges and opportunities:
- Increased technical requirements make proper medical documentation essential
- More specific measurement protocols reduce subjective assessments
- Detailed classification systems require expert application to maximize benefits
- Modified rating criteria often necessitate appeals of insufficient awards
At the Porter Law Group, we closely follow regulatory updates and adapt our legal strategies to meet current standards, ensuring that each SLU claim is supported with strong, guideline-compliant evidence and, when needed, legal challenges to unjust ratings.
Strategic Considerations for Maximizing SLU Awards
Achieving the highest possible SLU compensation takes strategic planning from the very start of the claims process. Here's how we help injured workers position their case for success:
1. Documentation Strategies
Successful SLU claims rely heavily on strong medical records. We help clients:
- Ensure that treating physicians use Workers' Compensation Board-prescribed forms for both MMI determination and impairment ratings
- Obtain post-operative X-rays and imaging studies for amputation or fracture cases
- Document functional limitations through detailed descriptions of work and daily life impacts
- Preserve consistent treatment records showing the progression and stabilization of symptoms
2. Timing Considerations
The timing of evaluations and filings can influence outcomes:
- Allow sufficient recovery time before MMI determination to reach optimal functional improvement
- Schedule impairment evaluations when symptoms are at their typical level, not during temporary flare-ups or improvements
- File appeals within the 30-day window to contest inadequate SLU determinations
- Coordinate SLU settlements with pending third-party claims when possible to maximize total compensation
3. Appeals and Litigation Options
If your initial SLU determination is too low, we help pursue every legal remedy available:
- Request an administrative review by the Workers' Compensation Board
- Submit additional medical records, new evaluations, or expert testimony
- Challenge the insurer's misuse or misrepresentation of the 2018 Guidelines
- If necessary, appeal Board decisions to the Appellate Division
FAQ
Is a Schedule Award Considered a Settlement?
A New York SLU award is a statutory benefit determined under Workers' Compensation Law §15(3) and Board guidelines. It is not a negotiated civil settlement, but rather an administrative award for permanent partial disability to a scheduled body part.
The claimant may have the option to receive the SLU award in a lump sum, but this does not convert it into a separate "settlement" in the tort sense. It remains a workers' compensation benefit determined by the Board.
What is the Average Schedule Award?
The Workers' Compensation Board does not publish a statewide "average" SLU dollar amount because awards vary based on:
- The body part involved and its maximum weeks
- The percentage of loss of use determined by the Board
- The worker's average weekly wage and statutory maximum/minimum rates
- Prior temporary payments that must be credited against the award
For illustration rather than a true "average," the Board's current example (25% arm, AWW $900, weekly rate $600) yields a $46,800 award before offsets, showing how individual wage and impairment factors drive the result.
What is an Example of a Schedule Award (OWCP)?
Under the federal Office of Workers' Compensation Programs (OWCP), federal employees may receive schedule awards for permanent impairment to specific body parts under 5 U.S.C. §8107 and related regulations, which operate similarly to New York's schedule in that they assign a fixed number of weeks for each body part and multiply by the worker's pay rate.
Although OWCP is a separate federal system, the basic concept mirrors New York's SLU: a percentage permanent impairment to a scheduled member (e.g., upper or lower extremity, vision, hearing) is applied to the maximum weeks for that member, and the resulting weeks are paid at a statutory percentage of the worker's wage.
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Contact A New York Construction Accident Lawyer
If you've suffered a permanent injury in a construction accident or other workplace incident in New York, obtaining fair compensation through a Schedule Loss of Use award requires experienced legal representation. The Porter Law Group specializes in maximizing SLU benefits for injured workers, ensuring that permanent impairments are properly documented, evaluated, and compensated according to New York law.
Our approach combines thorough knowledge of the workers' compensation system with strategic advocacy designed to counter insurance company tactics. We work on a contingency fee basis, meaning there are no upfront costs to you, and we only collect fees if we win your case. This arrangement ensures our interests align with yours: securing the maximum possible recovery for your permanent impairments.
Don't settle for less than you deserve. Even if you've already received an SLU offer, we can evaluate whether it adequately compensates your permanent functional losses. Contact the Porter Law Group today at 833-PORTER9 or email info@porterlawteam.com for a free consultation regarding your Schedule Loss of Use claim. Let our experienced team fight for the full compensation you're entitled to under New York law.
