Personal Injury Lawyer serving Syracuse, NY area

Loss of Use

Schedule Loss of Use Awards in New York State

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The award is given to the injured worker for the functional loss of a body part. If there is complete loss, that award would be 100% of the maximum number of weeks that body part would be entitled to, meaning that you would receive your average weekly wage award for that number of weeks. For instance, in New York an arm is worth 312 weeks of compensation. If you were to have a complete loss of an arm the maximum amount of compensation you can receive for that loss would be 312 weeks. If for example, your average weekly wage was $300 per week, you would receive 2/3 of that amount or $200 for 312 weeks or $62,400.

Your physician must make a determination as to the percentage of your loss. This cannot occur until you reach maximum medical improvement. By law the definition of maximum medical improvement cannot take place until at least one year since the injury date or the date of surgery. The time for you to reach maximum medical improvement is also a medical decision that your doctor must make. In order for you to be awarded the schedule loss of use, your doctor must determine that you have reach max medical improvement and then make their opinion known in their C-4 as to the exact amount of your loss. In New York, the number of weeks for each body part that can be awarded is as follows:

  • Arm 312 Weeks
  • Hand 244 Weeks
  • Thumb 75 Weeks
  • First Finger 46 Weeks
  • Second Figure 30 Weeks
  • Third Finger 35 Weeks
  • Forefinger 15 Weeks
  • Leg 288 Weeks
  • Foot 205 Weeks
  • Great Toe 38 Weeks
  • Other Toes 16 Weeks
  • Eye 160 Weeks

If you are injured in New York State, you should be contacting a Workers’ Compensation attorney in your area to assist you in maximizing the amount of compensation indemnity payments you will receive. If you are in the Syracuse area I would invite you to call my office at 315-451-3040 for a free consultation.