If your work injury resulted in permanent loss of function to an arm, leg, hand, foot, finger, toe, or one of several other body parts, you may be entitled to a Schedule Loss of Use (SLU) award — a lump sum payment that compensates for that permanent impairment. SLU awards are one of the most significant benefits in New York workers' compensation, and understanding how they are calculated can mean the difference between accepting a fair award and leaving money on the table.
What Is a Schedule Loss of Use Award?
Under New York Workers' Compensation Law §15(3), certain body parts are "scheduled" — that is, the law assigns a fixed number of weeks of compensation for the total (100%) loss of each one. When you suffer a permanent partial loss of function, you receive a proportional award: the SLU percentage multiplied by the scheduled weeks multiplied by your weekly compensation rate.
SLU awards are paid in addition to — not instead of — the temporary disability benefits you received while you were out of work. They represent the compensation for the permanent component of your injury, paid out after you reach Maximum Medical Improvement (MMI).
Which Body Parts Are on the Schedule?
The following body parts have a scheduled number of weeks under WCL §15(3):
| Body Part | Scheduled Weeks |
|---|---|
| Arm | 312 |
| Leg | 288 |
| Hand | 244 |
| Foot | 205 |
| Eye | 160 |
| Thumb | 75 |
| First finger (index) | 46 |
| Second finger (middle) | 30 |
| Third finger (ring) | 25 |
| Fourth finger (pinky) | 15 |
| Great toe | 38 |
| Other toe | 16 |
| One ear (hearing loss) | 60 |
| Both ears (hearing loss) | 150 |
Body parts not on the schedule — most notably the spine (back and neck) — are evaluated differently under a "non-schedule" permanency framework based on Loss of Wage Earning Capacity. See our guide to back injuries and workers' comp for more on how spine injuries are handled.
The SLU Formula
Once a SLU percentage is assigned to your body part, the math is straightforward:
SLU Award = SLU% × Scheduled Weeks × Compensation Rate
Example: You injured your arm and receive a 30% SLU rating. Your AWW was $1,500 so your comp rate is $1,000/week (2/3 of $1,500). The arm is scheduled at 312 weeks.
Award = 30% × 312 weeks × $1,000/week = $93,600
That is a significant sum — and the SLU percentage is the most contested number in this calculation. Getting an accurate percentage matters enormously.
How the SLU Percentage Is Determined
The SLU percentage is not just a number that gets picked out of thin air. The New York Workers' Compensation Board publishes detailed Medical Treatment Guidelines that set out how SLU ratings are to be assigned for different conditions, surgical procedures, and range-of-motion deficits. Both your treating physician and the carrier's IME doctor will evaluate your impairment and offer a percentage.
When the two doctors agree, the Judge typically adopts that percentage. When they disagree — which happens often — the Judge weighs the competing medical evidence and makes a determination. This is why the quality of your treating physician's report matters, and why an attorney who understands the WCB Guidelines can make a real difference in the final number.
What Affects the SLU Percentage?
- Range of motion — reduced range of motion in the joint is directly correlated to a higher SLU percentage under the Guidelines
- Surgery — certain surgical procedures (e.g., rotator cuff repair, knee replacement, ankle fusion) carry minimum SLU ratings regardless of current function
- Residual symptoms — pain, weakness, stiffness, and instability can all support a higher percentage
- Post-surgical hardware — retained hardware (plates, screws, rods) is a factor in some body parts
Prior Awards Are Deducted
If you had a prior workers' comp claim involving the same body part, any prior SLU award for that body part will be deducted from your current award. This prevents "double dipping" for the same impairment. However, if your new injury added impairment beyond what was previously awarded, you receive an award for the incremental increase.
Prior SLU deductions are a technical area where legal representation helps ensure the deduction is applied correctly and only to the extent required by law.
Healing Period Weeks
The law also accounts for the fact that you were already paid temporary disability benefits during your recovery — known as the "healing period." Weeks paid at the Temporary Total rate for a specific body part are deducted from the SLU award to avoid paying for the same period twice. This is calculated separately for each body part.
Attorney Fees on SLU Awards
If you have an attorney, their fee is typically 10-15% of the SLU award, set by the Board and deducted from your award. This fee is capped and regulated — your attorney cannot charge you more than the Board-approved amount, and they cannot charge you anything unless an award is made. In other words, attorney representation on an SLU case is effectively risk-free for the claimant financially.
SLU and Settlement
Many cases settle before a formal SLU award is issued, through a Section 32 Waiver Agreement. In a Section 32, the SLU value is often a major component of the lump sum. Understanding the likely SLU value of your case is critical before evaluating any settlement offer.
Calculate your potential SLU award
Enter your body part, SLU percentage, and compensation rate into the free SLU Calculator to see an estimated award value.
Open SLU Calculator →Key Takeaways
- SLU awards compensate for permanent partial loss of function to scheduled body parts
- Award = SLU% × scheduled weeks × comp rate
- The SLU percentage is determined by medical evidence and the WCB Medical Guidelines
- Spine (back/neck) injuries are NOT scheduled — they go through a different permanency process
- Prior awards on the same body part are deducted
- SLU awards are separate from and in addition to temporary disability benefits