The Workers’ Compensation Law provides a payout if you have a permanent loss of use of an extremity. This is referred to as a “Schedule Loss of Use.” This award may be payable regardless of whether you are unable to work. Rather, it is meant to compensate you for a residual, permanent impairment that results due to a work injury. The New York Workers' Compensation Law maintains a schedule (list) of the maximum number of weeks of benefits you can receive based on the body part you have permanently injured. This schedule is shown in the chart below.
The calculations are complicated and the process could involve significant litigation if the insurance company does not agree with your doctor, or even its own doctor. The Workers’ Compensation attorneys at MCV Law handle loss of use cases every day. We have extensive knowledge in making sure you are fairly compensated for your loss of use. The insurance company won’t tell you how to pursue this and they will look to pay you as little as possible. Call MCV Law to make sure your loss of use is paid appropriately.
| Body Percent Part Lost | H.P. | Total Loss 100% |
|---|---|---|
| Hand | 32 | 244 |
| Arm | 32 | 312 |
| Foot | 32 | 205 |
| Leg | 40 | 288 |
| Eye | 20 | 160 |
| Thumb | 24 | 75 |
| Index Finger | 18 | 46 |
| Middle Finger | 12 | 30 |
| Ring Finger | 8 | 25 |
| Small Finger | 8 | 15 |
| Great Toe | 12 | 38 |
| Other Toes | 8 | 16 |
| Hearing - Both Ears | 60 - 150 or 75 each | |