In New York State Workers’ Compensation cases a schedule award can mean monetary award for permanent impairment.
In order to qualify for a schedule award there must be a permanent impairment involving anatomical or functional loss and treatment must have been terminated with no further improvement expected.
There are certain time frames that must elapse after an injury and/or surgery before a schedule award can be made. The extremities that can be assessed a schedule are outlined in Section 15 of the New York State Workers’ Compensation Law. A formal calculation is made once a schedule loss of use is awarded. Part of that calculation required a deduction for all prior lost wage payments made by the insurance company or employer. This means that in certain cases, a schedule loss of use award can be found but no additional money actually paid. The concept of schedule loss of use is a complex one.
If you believe that you have suffered a permanent loss of function of an extremity and have questions about your legal rights under the Workers’ Compensation Law, feel free to contact our office.