What Is a Schedule Loss of Use (SLU) and How Is It Calculated in New York Workers' Comp?

A Schedule Loss of Use (SLU) award is a New York workers' compensation cash payment for permanent loss of function in a specific body part, such as an arm, leg, hand, or eye. It equals the doctor-assigned percentage of loss multiplied by the statutory maximum weeks for that body part, then multiplied by two-thirds of your average weekly wage.

If you have suffered a permanent injury at work in New York City, the term "Schedule Loss of Use" can sound like confusing legal jargon. This guide breaks down what an SLU award is, which body parts qualify, and how the math works. It also covers what to do when the insurance company's doctor assigns a lower percentage than your own doctor. At The Orlow Firm, we have represented injured workers throughout NYC since 1982. We see the SLU process create confusion in nearly every workers' comp case.

An SLU award is separate from the wage-replacement benefits you receive while you are out of work. You can receive both. It pays you for permanent physical loss, not lost income. That means you can return to your job and still be owed an SLU award for a body part that never fully healed.

Which Body Parts Qualify for an SLU in New York?

Only "scheduled" body parts qualify for an SLU award. These are the arms, legs, hands, fingers, feet, toes, and sensory organs that New York Workers' Compensation Law § 15(3) lists with a fixed number of weeks. If your permanent injury is to one of these parts, you may be entitled to a cash award. If it is to your back, spine, or an internal organ, a different set of rules applies.

Here is the statutory schedule of maximum weeks for each scheduled body part. It is taken directly from New York Workers' Compensation Law § 15(3):

The "maximum weeks" figure is what you would receive for a 100 percent loss of that body part. Most SLU awards are for partial loss, so you receive a percentage of that maximum.

Here is a detail that trips up many injured workers. Several commonly injured joints are not listed separately in the statute. The Workers' Compensation Board evaluates them as part of the larger limb they belong to. A shoulder injury is assessed under the arm schedule (312 weeks). A knee or hip injury falls under the leg schedule (288 weeks). A wrist is evaluated under the hand schedule, and an ankle under the foot schedule. So a serious shoulder tear does not have its own week value. It is rated as a percentage loss of use of the entire arm.

New York also allows a separate award for serious facial or head disfigurement. This award is capped by statute at $20,000 and is evaluated differently from functional loss.

Body parts that are not on the schedule do not produce an SLU award. These include the back, spine, pelvis, brain, heart, and lungs. Permanent injuries to those areas are handled under non-schedule permanent partial disability rules, which we cover below.

How Is a Schedule Loss of Use Calculated in New York?

The SLU formula combines three things: the maximum weeks for the body part, the percentage of loss your doctor assigns, and your weekly compensation rate. The New York State Workers' Compensation Board sets the formula:

SLU Award = (Maximum Weeks for Body Part × Loss Percentage) × Compensation Rate

Your compensation rate is two-thirds of your average weekly wage (AWW), capped at the state maximum for your year of injury. Your AWW is your total gross earnings in the 52 weeks before the injury, divided by 52. For injuries between July 1, 2025 and June 30, 2026, the maximum weekly benefit is $1,222.42, according to the WCB maximum weekly benefit schedule. The rate that applies to your claim is the maximum in effect on your date of injury.

Here is how the process unfolds, step by step:

1. You reach Maximum Medical Improvement (MMI). Your doctor confirms your condition has stabilized and is not expected to improve further with treatment. An SLU cannot be calculated before this point.
2. A doctor performs the SLU evaluation. Your treating physician or an examining doctor measures the range of motion in the injured joint and compares it to your uninjured side.
3. The doctor assigns a loss percentage. This number reflects how much function you have permanently lost, based on the state's medical guidelines.
4. The Workers' Compensation Board reviews the evidence. A judge weighs the medical reports and sets the final percentage.
5. The award is calculated using the formula above.
6. Prior payments are deducted. Any temporary disability benefits already paid to you are subtracted from the final SLU total.

Doctors assign the loss percentage using the 2018 Impairment Guidelines, which are based largely on range-of-motion (ROM) measurements. The examiner uses a goniometer to measure the injured joint, takes three measurements, and compares the result to the same joint on the uninjured side. These measurements involve some clinical judgment. That is why two qualified doctors can reach different percentages for the same injury, and why disputes are so common.

A Worked Example: Arm Injury

Consider a construction worker in Queens who permanently injures their right arm:

• Average weekly wage: $1,200, so the compensation rate is $800 per week ($1,200 × 2/3).
• The doctor assigns a 30 percent loss of use of the arm.
• The arm maximum is 312 weeks. 312 × 30% = 93.6 weeks.
• SLU award: 93.6 × $800 = $74,880.

A Worked Example: Hand Injury

Now consider a warehouse worker in Brooklyn whose dominant hand is permanently impaired:

• Average weekly wage: $900, so the compensation rate is $600 per week.
• The doctor assigns a 25 percent loss of use of the hand.
• The hand maximum is 244 weeks. 244 × 25% = 61 weeks.
• SLU award: 61 × $600 = $36,600.

These examples show why the loss percentage matters so much. On the arm example, every additional 10 percent of loss adds roughly $25,000 to the award. A small difference between two doctors' opinions can mean tens of thousands of dollars.

When Can You Receive an SLU Award?

You can receive an SLU award only after you reach Maximum Medical Improvement. MMI is the point at which your treating doctor concludes that further medical treatment is not expected to improve your condition. Ongoing pain management or palliative care does not prevent a finding of MMI. So you can continue treatment and still be found to have stabilized.

A few practical points about timing and eligibility:

• You can still get future medical care. Receiving an SLU award does not close the door on treatment. Workers' compensation keeps covering necessary medical care related to the injury, even after the award is paid.
• Returning to work does not disqualify you. An SLU pays for permanent physical loss rather than lost wages. A worker who returns to full duty can still receive an SLU award for a permanently impaired body part.
• The carrier may order its own exam. The insurance company can request an Independent Medical Examination (IME) with a doctor of its choosing. This IME is the most common source of SLU disputes, because the insurer's doctor often assigns a lower percentage than your treating physician.

The overall timeline varies widely. The medical treatment phase before MMI can take months or longer depending on the injury. Once MMI is reached and the SLU evaluation is submitted, the Board's review and any disputes add more time.

SLU vs. Other Workers' Comp Benefits

SLU is one piece of a larger system. Seeing how it fits alongside the other benefits helps you understand the full picture of what you may be owed.

The key thing to remember is that SLU does not depend on whether you returned to work. The temporary disability benefits in the table replace lost wages, so they stop when you go back to your job. An SLU award is different. A bus driver who breaks an arm, recovers, and returns to full duty can still receive an SLU award if the arm permanently lost some of its function. The award is for the physical loss itself.

The difference between a schedule and a non-schedule injury is also worth understanding, because it decides which benefit applies. If your permanent injury is to a listed limb or sensory organ, you are in SLU territory. If it is to your back, spine, or another unlisted part, your claim is evaluated as a non-schedule permanent partial disability. That type of claim is based on your loss of wage-earning capacity, as the WCB explains.

What If You Disagree With the SLU Rating?

If you disagree with the percentage the insurance company offers, a Workers' Compensation Board judge decides the dispute by weighing the competing medical evidence. You are not forced to accept a low number from the insurer's doctor.

In practice, both sides submit medical reports. Your treating doctor files a report stating your level of permanent loss, and the insurance carrier files its own IME report. The judge reviews all of the medical opinions and sets the final percentage. This is where the quality of the medical evidence becomes decisive.

The 2018 Impairment Guidelines are not optional. According to the WCB's SLU guidance, a medical opinion that does not follow the guidelines may be given little or no weight by the judge. That includes a report that skips the required goniometer measurements or fails to compare the injured side to the uninjured side. A polished-looking IME report that ignores the guidelines can be challenged on exactly those grounds.

If you believe the insurer's offer is too low, you have the right to request a hearing. A workers' compensation attorney can spot where the IME report departs from the guidelines, present your treating doctor's findings effectively, and argue for the correct percentage before the judge. Each percentage point can be worth thousands of dollars, so getting the rating right is one of the most important parts of the entire claim.

Common Work Injuries That Lead to SLU Claims in NYC

Many of the injuries we see across New York City worksites become SLU claims once they reach MMI with permanent loss. Not every injury qualifies. The injury must leave lasting functional impairment in a scheduled body part. Common examples include:

• Shoulder tears, including rotator cuff and labrum injuries. These are frequent in construction, healthcare, and warehouse work and are rated under the arm schedule.
• Knee injuries such as ACL and meniscus tears, common among construction workers, delivery drivers, and transit employees, rated under the leg schedule.
• Hand and finger injuries, including lacerations, crush injuries, and amputations, often seen in manufacturing, food service, and construction.
• Wrist fractures from falls or machinery, evaluated under the hand schedule.
• Ankle injuries from slip-and-falls and falls from ladders, evaluated under the foot schedule.
• Vision and hearing loss from debris, eye injuries, and long-term noise exposure.

One point is worth stressing: SLU is not only for amputations. Most SLU awards involve partial loss of function from range-of-motion deficits, not the loss of a limb. A shoulder that no longer raises fully or a knee that will not bend completely can support a large award.

Our firm has recovered significant compensation in workplace injury cases involving scheduled body parts. That includes a $550,000 result for a worker who suffered a fingertip amputation on the job. Prior results do not guarantee a similar outcome.

Frequently Asked Questions About Schedule Loss of Use

Can I receive SLU and lost wage benefits at the same time?

You can receive both, but not as a simple addition. You may collect temporary disability benefits while you recover and a schedule loss of use award after you reach MMI. Any temporary disability benefits already paid to you are deducted from the final SLU total, so the SLU payment reflects what remains after that offset.

Is an SLU award paid as a lump sum?

It can be. You may receive weekly payments until the award is exhausted, or you may agree with the insurer to take a lump sum instead. A lump-sum settlement of an SLU award requires Workers' Compensation Board approval before it becomes final.

Does returning to work affect my SLU award?

No. SLU awards pay for permanent physical loss, not lost income. A worker who returns to full duty with no reduction in pay can still receive the full SLU award for a permanently impaired body part.

What body parts do NOT qualify for SLU?

The back, spine, pelvis, brain, heart, and lungs are not on the schedule. Permanent injuries to those areas are evaluated under non-schedule permanent partial disability rules. Those rules are based on your loss of wage-earning capacity rather than a fixed schedule of weeks.

Can I still get medical treatment after an SLU award?

Yes. Workers' compensation keeps covering necessary medical treatment related to your injury even after the SLU award is paid out, according to the WCB's SLU FAQs. Receiving the award does not end your right to future care for that condition.

What is the maximum weekly benefit for NY workers' comp?

For injuries between July 1, 2025 and June 30, 2026, the maximum weekly benefit is $1,222.42. The rate that applies to your claim is the maximum in effect on your date of injury. It does not increase later if the state raises the cap in a future year.

What if the insurance company's doctor gives a lower SLU percentage than my doctor?

Both opinions go before a Workers' Compensation Board judge, who weighs the evidence and sets the final percentage. Reports that do not follow the 2018 Impairment Guidelines may be given limited weight. That includes reports lacking goniometer measurements or a comparison to the uninjured side. An attorney can help challenge a low IME rating.

How long does the SLU process take?

After reaching MMI, the medical evaluation and insurance review typically take several weeks to a few months. Cases where the parties disagree on the percentage and require a Board hearing can take significantly longer. An attorney can help move the process forward and ensure your medical evidence is filed correctly.

Sources & Official Resources

New York Laws Cited

1. Workers' Compensation Law § 15(3) — Schedule of Permanent Partial Disabilities

New York Workers' Compensation Board 2. WCB — Schedule Loss of Use Overview 3. WCB — Maximum Weekly Benefit Schedule 4. WCB — Award for Loss of Use and Permanent Disability (Non-Schedule) 5. WCB — 2018 Impairment Guidelines for SLU 6. WCB — SLU Frequently Asked Questions

Professional Resources 7. Queens County Bar Association

Contact The Orlow Firm

If you have suffered a permanent injury at work in New York City, the Schedule Loss of Use process can feel overwhelming. That is especially true when the insurance company's doctor pushes back with a lower percentage. The math is unforgiving, and small differences in a doctor's rating turn into large differences in your award. The Orlow Firm has represented injured workers throughout Queens and New York City since 1982, and our team includes Adam Orlow, a former President of the Queens County Bar Association.

Call (646) 647-3398 for a free, confidential consultation about your Schedule Loss of Use claim. We work on contingency, so you pay nothing unless we win.

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