Schedule Loss of Use Awards for Injuries to the Extremities

Injuries affecting the extremities (shoulders, arms, hands, knees, legs, ankles, etc.) are common occurrences in work environments. Although such injuries might not pose life-threatening risks, they can still cause significant pain and impair a person’s ability to carry out their job duties effectively, which can result in a loss of income. If you sustained an injury to a ligament or tendon in your arm or leg while working, you may be eligible to recover workers’ compensation benefits, and you should consult an attorney. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is an assertive Rockland County workers’ compensation attorney with ample experience helping people obtain schedule loss of use awards for injuries to the extremities, and if you engage her services, she will help you protect your rights. Ms. Crown regularly represents people in workers’ compensation matters in Rockland, Orange, Westchester, Dutchess, and Ulster Counties, as well as in the greater metropolitan area.

Injuries to the ligaments and tendons of the extremities, such as rotator cuff tears, anterior cruciate ligament tears, and meniscal tears, as well as bone fractures, are common in the workplace and can be caused by a variety of factors.

Such injuries frequently arise due to falls, collisions (including motor vehicle accidents), or heavy objects striking the body, particularly in industries involving driving, manual labor, or construction. Rotator cuff tears, commonly seen in jobs requiring repetitive overhead motions, can develop gradually over time or suddenly from lifting heavy objects. Anterior cruciate ligament and meniscal tears, which are prevalent in physically demanding occupations or those involving sudden pivoting or twisting movements, often result from accidents or improper lifting techniques.

These injuries not only cause immediate pain and discomfort but can also lead to prolonged recovery periods and permanent impairments.

New York’s Workers’ Compensation Act (the Act) aims to ensure that people who have sustained permanent impairments due to workplace injuries receive fair and appropriate compensation to help mitigate the financial impact of their injuries. Among other things, the Act provides for schedule loss awards for injuries to the extremities.

A schedule loss of use award is a form of workers’ compensation benefits designed to provide financial support for employees who have suffered a permanent impairment to an extremity due to a work-related injury. The determination of eligibility and the amount of the award are governed by the Workers' Compensation Board and are contingent upon several factors. First, to be eligible for a schedule loss of use award, the injured worker must have reached maximum medical improvement, meaning that their condition has stabilized as much as possible. Additionally, both the permanency of the impairment and the extent of functional loss to the affected extremity must be confirmed by a doctor’s assessment made according to the current Permanent Impairment Guidelines.

The process of determining schedule loss of use awards for injuries to the extremities involves assessing the percentage of functional loss of the injured extremity. This evaluation is crucial, as it directly influences the duration and amount of compensation the individual receives. The Workers' Compensation Board ultimately decides on the schedule loss of use percentage or approves the schedule loss of use if the parties agree, which then serves as the basis for calculating the number of weeks of benefits and the corresponding payment based on the employee’s indemnity (lost earnings) payments.

The amount of the schedule loss of use award is determined based on a statutory schedule that outlines the maximum number of weeks of benefits corresponding to different body parts and percentages of loss. This schedule also factors in the employee’s Total Temporary Disability rate minus the amount of money the employee has previously received in Workers’ Compensation indemnity (lost earnings) benefits.

If you sustained an injury to an extremity (shoulders, arms, hands, knees, legs, ankles, etc.) while working that caused permanent deficits, you may be eligible for a schedule loss of use award, and it is wise to meet with an attorney to discuss your options. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a trusted Rockland County workers’ compensation lawyer who is well-versed in what it takes to obtain favorable outcomes in workers’ compensation matters, and if she represents you, she will fight to help you obtain the benefits you deserve. Ms. Crown’s office is located in New York, and she regularly represents people in workers’ compensation claims in Rockland, Orange, Westchester, Dutchess, and Ulster Counties and in the greater metropolitan area. You can contact Valerie via the form online or by calling 845.708.5900 (office number) or 845.598.8253 (Valerie’s direct cellphone 24/7).