The Workers' Compensation Law contains a chart or "schedule" delineating how awards should be paid for permanent injuries. That schedule is set forth in §15(3). Pursuant to that section of the Workers' Compensation Law, an individual is entitled to an award for permanent injuries to the extremities including arm, leg, hand, foot and all of the individual fingers and toes. Additionally, schedule loss of use awards are made for eye injuries resulting in vision loss. Hearing loss claims are treated separately under §49 of the Workers' Compensation Law.
An individual is entitled to an award for permanent injuries to the extremities.
The important thing to remember if you suffer an injury to an extremity is that you can still receive an award even if you have returned to work. These are commonly called schedule loss of use awards. Each extremity has a value equivalent to a certain number of weeks. The arm is worth the most and it is valued at 312 weeks while the leg is valued at 288 weeks. The hand, foot, and individual fingers and toes have lessor values.
An individual's award is determined by assessing the percentage loss of use as determined by the Workers' Compensation Board Permanent Impairment Guidelines. For example, if an individual has a 10% loss of use of the arm, they would be entitled to 31.2 weeks of compensation at their compensation rate which is two-thirds of their average weekly wage. It is important to recognize however that the insurance carrier will have credit for all benefits paid during the period of time that the individual was actually out of work as a result of the compensable injury.
Your Doctor and the Insurance's Doctor Rarely Have the Same Opinion
The proper schedule loss of use award is one of the most highly litigated matters before the Workers' Compensation Board. Generally, the injured worker will secure a report from his or her own doctor setting forth the percentage of loss of use in accordance with the Workers' Compensation Board Permanent Impairment Guidelines. The insurance carrier will then usually have the injured worker evaluated by their own doctor who will also give an opinion on the schedule loss of use percentage. Rarely are these two opinions the same. If a compromise agreement cannot be reached by the parties, the issue will then be litigated before the Workers' Compensation Board with deposition testimony of the doctors. The Judge will then render a decision as to the proper schedule loss of use award. The party who does not agree with the Judge's decision has a right of appeal.