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Workers’ Compensation Insurance: Schedule Loss of Use Award

Monday, December 17, 2018

As an American worker, it is understood that an employer provides the necessary means to keep an employee safe while preforming their daily duties on the job. To protect an employee during unforeseen circumstances, employers are required to carry Workers’ Compensation insurance for all their employees. This type of insurance is paid for solely by the employer and is paid out to the employee in the event of an injury or sickness in relation to the employees’ occupation.

When the employee is injured or becomes sick as a result of the occupation, it is imperative for the employee to first seek medical assistance to ensure no further injury is sustained. The employee can then submit a claim to be reviewed and processed by the Worker’s Compensation Board. The outcome of the claim is not affected negatively by any notion of worker’s carelessness while on the job (in favor of the employer) or positively if it is concluded that it was, indeed, the employer’s fault

This pass year, the state of New York Workers’ Compensation Board has enacted new medical evaluation guidelines to the Schedule Loss of Use (SLU) Award, which is an additional cash payment paid out to those who are receiving Workers’ Compensation. Employees may be eligible for this additional cash payment if the injury sustained left the employee with a less functional extremity (hands, arms, fingers, legs, or toes) because of an on-the-job disability or resulting amputation as a result of the injury or sickness. This money can be awarded even after the employee has returned to work.

To be eligible for the SLU, an employee must have an injury to a body part that does not fully heal to the same as it was before the injury. For example, if a forklift operator injures his or her hand while on the job and the injury is never restored to full function or there is a loss or reduction in function, he or she may be eligible for the award.

Usually one-year post-accident, or one-year post-surgery, a doctor will complete a thorough physical review to determine how the injury has impacted the employee. A report will then be submitted by the doctor to the Board for consideration. Potentially, the injured worker could qualify for an additional lump sum award to compensate her or him for permanent loss of function.  

If you believe you may be eligible for a Schedule Loss of Use Award due to an injury on the job, contact the lawyers at Turley, Redmond, Rosasco, and Rosasco and let us review all your legal options with a free no obligation consultation. Call us today at 855-367-0135!

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