If your workplace injury resulted in permanent loss of use of a specific body part, you may be entitled to an additional cash payment called a Schedule Loss of Use Award. This payment is separate from your regular wage replacement benefits and separate from your medical care. It is compensation specifically for the permanent physical impairment itself — the loss of function in your arm, leg, hand, foot, finger, toe, or the loss of hearing or vision.
Schedule Awards are among the most valuable components of a workers’ compensation case, and they are also among the most commonly overlooked. Many injured workers do not know they exist. Others know about them but do not realize they may be eligible. And the amount of the award depends on medical evidence that must be developed carefully. This article explains how Schedule Awards work, what body parts qualify, how the payment is calculated, and what you need to do to receive one.
What a Schedule Loss of Use Award is
A Schedule Award is a monetary payment for permanent loss of use of a body part listed on the statutory schedule. The schedule assigns a specific number of weeks to each body part. The payment is calculated by multiplying the number of scheduled weeks by your weekly benefit rate, then multiplying by the percentage of loss of use. The result is a lump sum or a series of payments representing compensation for the permanent impairment.
Schedule Awards are available even if you did not miss time from work and even if you have already returned to your job. The award compensates for the permanent physical loss, not for lost wages. A worker who returns to full duty after a hand injury but has permanently lost 30% of the use of that hand is still entitled to a Schedule Award for the loss of use.
The statutory schedule of body parts
New York’s Workers’ Compensation Law assigns a maximum number of weeks to each scheduled body part. These maximums represent 100% loss of use of that body part. The current schedule includes: arm — 312 weeks, leg — 288 weeks, hand — 244 weeks, foot — 205 weeks, eye (loss of vision) — 160 weeks, ear (loss of hearing in one ear) — 60 weeks, thumb — 75 weeks, first finger — 46 weeks, second finger — 30 weeks, third finger — 25 weeks, fourth finger — 15 weeks, great toe — 38 weeks, and other toes — 16 weeks each.
Total loss of hearing in both ears is scheduled at 150 weeks. Total loss of vision in both eyes is scheduled at 320 weeks.
These are the maximums for complete loss of use. Most Schedule Awards are for partial loss of use — a percentage of the maximum. A worker who has lost 40% of the use of a hand receives 40% of 244 weeks, which is 97.6 weeks of benefits at the worker’s weekly rate.
How the percentage of loss of use is determined
The percentage of loss of use is a medical determination. Your treating physician evaluates the permanent impairment to the body part after you have reached Maximum Medical Improvement and assigns a percentage based on the loss of function. This evaluation considers range of motion, strength, sensation, pain, and the ability to use the body part for normal activities.
The insurance carrier will typically have its own physician — usually the IME doctor — evaluate the same impairment and assign a percentage. The two percentages frequently differ. Your treating physician may assess 45% loss of use of the hand while the carrier’s physician assesses 25%. The difference represents a significant amount of money, and the dispute is resolved at a hearing before a Workers’ Compensation Law Judge.
The judge considers the medical evidence from both physicians, the clinical findings that support each percentage, and the consistency of each opinion with the objective medical data. A treating physician who has thoroughly documented the impairment through range of motion testing, grip strength measurements, sensory evaluations, and functional assessments provides the judge with a stronger foundation than one who offers a percentage without detailed supporting findings.
How the payment is calculated
The Schedule Award payment is calculated using a straightforward formula: the number of scheduled weeks for the body part, multiplied by the percentage of loss of use, multiplied by your weekly benefit rate (two-thirds of your AWW, up to the statutory maximum).
For example, a worker with an AWW of $900 who has lost 40% of the use of a hand would receive: 244 weeks × 40% = 97.6 weeks × $600 (two-thirds of $900) = $58,560. A worker at the statutory maximum of $1,145.43 per week with the same 40% loss of use of a hand would receive: 97.6 weeks × $1,145.43 = $111,793.97.
The award may be paid as a lump sum or as weekly installments at the worker’s regular benefit rate. If paid in installments, the payments continue for the number of weeks the award covers. The method of payment depends on the circumstances and the Board’s determination.
Schedule Awards are not automatic
You must request a Schedule Award. It is not something the Board or the insurance carrier will initiate on your behalf. After reaching Maximum Medical Improvement, you or your attorney must request a hearing for the purpose of obtaining a Schedule Loss of Use Award. The request triggers the process — your treating physician’s evaluation, the carrier’s IME evaluation, and the hearing at which the judge determines the percentage.
Do not assume that because you have a permanent impairment, the award will come to you automatically. If you do not request it, you will not receive it. This is one of the most important reasons to have legal representation in a workers’ compensation case involving a permanent injury to a scheduled body part.
How Schedule Awards interact with other benefits
Schedule Awards are calculated separately from your temporary disability benefits and from any permanent partial disability classification based on loss of earning capacity. The award compensates for the physical loss itself. It does not reduce or replace your other workers’ compensation benefits.
However, the timing of a Schedule Award can interact with other benefits. If you are still receiving temporary disability benefits when the Schedule Award is issued, the award payments may begin after the temporary benefits end. If a Section 32 settlement is being negotiated, the value of the Schedule Award is factored into the overall settlement calculation. Understanding these interactions requires looking at the full picture of the claim, not just the Schedule Award in isolation.
Injuries not on the schedule
The most common permanent workplace injuries — head injuries, neck injuries, and back injuries — are not on the schedule. These injuries are classified as non-schedulable and are handled through a different framework based on loss of earning capacity rather than loss of use of a specific body part. Non-schedulable impairments are the subject of the next article in this series.
If your injury involves both a scheduled body part and a non-schedulable area — for example, a fall that injured both your knee and your back — you may be eligible for a Schedule Award for the knee and a separate permanent partial disability classification for the back. These are evaluated independently.
How Schwartzapfel Holbrook pursues Schedule Loss of Use Awards
At Schwartzapfel Holbrook, we evaluate every permanent injury case for Schedule Loss of Use eligibility. When a client has a permanent impairment to a scheduled body part, we ensure the treating physician’s independent clinical findings document the loss of use with specific, measurable findings — range of motion deficits, strength measurements, sensory loss, functional limitations. We request the hearing, prepare the medical evidence, and present the case to the Workers’ Compensation Law Judge.
The difference between the treating physician’s percentage and the carrier’s IME percentage often translates to thousands of dollars. Closing that gap through thorough medical documentation and effective presentation at the hearing is one of the most impactful things we do for our clients.
Schwartzapfel Holbrook / Fighting For You