If you have been injured on the job, you may be entitled to an award of money for lost wages.
When you have been injured on the job, in addition to lost wages, you may be entitled to a Schedule Loss of Use award, also known as an “SLU.” An SLU is an amount of money that is awarded to compensate a worker for a permanent disability or “loss of use” of an injured body part.
Understanding a Schedule Loss of Use Award
Imagine the following hypothetical situation. A worker is employed as a concrete mason and is working with concrete being pumped from a concrete truck to a construction site. While the concrete is pumping, a hose ruptures and concrete flies out of the ruptured hose striking the worker in the face. (Concrete is highly basic and can cause severe burns when it comes in contact with the skin or eyes.) The worker sustains injury to his right eye.
The worker files a workers’ compensation claim and receives payments from his employer’s workers’ compensation insurance carrier for wages he did not earn while unable to work due to the injury.
In addition to compensation received for lost wages and medical treatment, the worker may be entitled to a Schedule Loss of Use award (“SLU”) if he has permanent disability resulting from the injury to his right eye. If the worker cannot use the body part fully as he did prior to the injury, the SLU is intended to compensate the worker for that permanent loss of use.
Process to Obtain an SLU Award
In order to obtain an SLU award, a doctor must determine that the following two criteria have been met:
- The worker has a permanent disability as a result of the injury; and
- The worker has reached maximum medical improvement (MMI).
A doctor determines that MMI has been reached when the worker has recovered from the injury to the greatest extent medically anticipated or expected, and no further improvement is expected.
Guidelines Used to Determine SLU Amount
New York has established an extensive set of guidelines to calculate the amount of an SLU award. The calculation is based on the body part injured and the severity of the injury.
An SLU award may be obtained for injuries to the following body parts:
- Eyes;
- Ears (for hearing loss only);
- Face (for scarring);
- Upper extremities (fingers, hands, wrists, arms, elbows, shoulders); and
- Lower extremities (toes, ankles, feet, knees, legs, hips).
Generally, the amount of an SLU award is based on the number of benefit weeks allowed, the severity of the disability, and the worker’s wages at the time of injury.
In determining whether a worker has reached MMI, the doctor will state the disability in terms of a percentage. That percentage is used in conjunction with the number of weeks allowed under the law. For example, if a doctor finds a 10 percent loss of use, the worker would be entitled to 31.2 weeks of payments. These payments are always made at the Total Rate of compensation under the law.
Speak with a Workers’ Compensation Attorney Now
If you have been injured on the job, particularly if you believe you have suffered a permanent impairment, you should speak with an experienced workers’ compensation attorney.
The attorneys at The Battiloro Law Group can assess your case and determine whether you are entitled to a Schedule Loss of Use award. Because the guidelines governing SLU awa
