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Content reviewed by the attorneys at Aronova & Associates · Last updated November 6, 2026 · Editorial Policy
When a work injury leaves permanent damage to an arm, leg, hand, foot, finger, toe, eyesight or hearing, New York pays a schedule loss of use (SLU) award. The award is a set number of weeks of benefits for that body part, multiplied by the percentage of use you lost and by your weekly benefit rate. For example, a 25% loss of use of an arm equals 78 weeks of benefits (312 weeks × 25%). For a worker whose weekly benefit is $600, that is $46,800. For a worker injured between July 1, 2026 and June 30, 2027 at the maximum weekly rate of $1,281.50, the same injury is worth $99,957, before temporary benefits already paid are deducted.
At Aronova & Associates, our New York Workers’ Compensation lawyers represent injured workers through every stage of an SLU claim, from the permanency reports to depositions and hearings before a Workers’ Compensation Law Judge, across New York City and Long Island. Every case begins with a free consultation.
| Item | What the law says |
|---|---|
| What it pays for | Permanent loss of use of an arm, leg, hand, foot, finger, toe, eye or hearing |
| Formula | Weeks for the body part × percentage of loss of use × weekly benefit rate |
| Weekly benefit rate | Two-thirds of your average weekly wage, up to the maximum for your date of injury ($1,281.50 for July 1, 2026 – June 30, 2027) |
| When it is decided | After you reach maximum medical improvement (MMI) and your doctor submits a permanency report |
| If the doctors disagree | The doctors can be cross-examined, and a Workers’ Compensation Law Judge decides, unless both sides agree to a percentage by stipulation |
| Protracted healing period | Weeks of total disability beyond the healing period set by law are added to the award |
| Deductions | Temporary benefits already paid are deducted from the award |
| Lump sum | Available on request |
| Disfigurement | Up to $20,000 for serious, permanent disfigurement of the face, head or neck |
| Legal authority | Workers’ Compensation Law § 15(3) |
New York law assigns a fixed number of weeks to each body part. The weeks below apply to a complete (100%) loss of use. A partial loss is paid in proportion to the percentage of use lost.
| Body part | Weeks for 100% loss of use |
|---|---|
| Arm | 312 |
| Leg | 288 |
| Hand | 244 |
| Foot | 205 |
| Eye | 160 |
| Hearing, both ears | 150 |
| Thumb | 75 |
| Hearing, one ear | 60 |
| First finger | 46 |
| Great toe | 38 |
| Second finger | 30 |
| Third finger | 25 |
| Any other toe | 16 |
| Fourth finger | 15 |
Source: New York Workers’ Compensation Law § 15(3).
The formula is: weeks for the body part × percentage of loss of use × weekly benefit rate. Your weekly benefit rate is two-thirds of your average weekly wage, based on your gross earnings in the 52 weeks before the injury, up to the maximum in effect on your date of injury.
| Injury | Loss of use | Weeks of benefits | Weekly rate | Award before deductions |
|---|---|---|---|---|
| Arm | 25% | 78 | $600 | $46,800 |
| Arm | 25% | 78 | $1,281.50 (2026–27 maximum) | $99,957 |
| Hand | 30% | 73.2 | $1,000 | $73,200 |
| Leg | 20% | 57.6 | $800 | $46,080 |
| Thumb | 50% | 37.5 | $600 | $22,500 |
These examples are illustrations only. Every award depends on the medical findings, your average weekly wage and the temporary benefits already paid. See how your weekly rate is set in our guide to the maximum Workers’ Comp benefit in New York.
An SLU award is decided in stages, and each stage is built on medical evidence and, when the doctors disagree, their testimony.
Our lawyers handle the legal side of each stage: we file and track the medical reports, prepare for and take part in depositions, cross-examine the insurance company’s doctor and argue the percentage to the judge.
Schedule loss of use awards cover only the body parts listed in the law. Permanent injuries to body parts that are not on the schedule, such as the spine (your back and neck), are “non-schedule” injuries. Instead of an SLU award, a Workers’ Compensation Law Judge classifies the permanent disability and decides your loss of wage-earning capacity, meaning how much the injury reduces your ability to earn a living.
Unlike an SLU award, which you can receive as a lump sum, a classification award is paid weekly, for a maximum number of weeks set by law. For injuries on or after March 13, 2007, the maximum depends on your loss of wage-earning capacity:
| Loss of wage-earning capacity | Maximum weeks of benefits |
|---|---|
| More than 95% | 525 |
| More than 90% up to 95% | 500 |
| More than 85% up to 90% | 475 |
| More than 80% up to 85% | 450 |
| More than 75% up to 80% | 425 |
| More than 70% up to 75% | 400 |
| More than 60% up to 70% | 375 |
| More than 50% up to 60% | 350 |
| More than 40% up to 50% | 300 |
| More than 30% up to 40% | 275 |
| More than 15% up to 30% | 250 |
| 15% or less | 225 |
A lump-sum payment for a back or neck injury generally comes through a settlement. Learn how Workers’ Comp settlements work in New York.
We represent injured workers from the first hearing through the final award, and we explain each stage of the SLU process in plain terms, so you always know where your claim stands.
You pay nothing upfront. In New York Workers’ Compensation cases, the attorney’s fee is set by law, approved by a Workers’ Compensation judge and paid from the benefits awarded.
78 weeks of benefits (312 × 25%) at your weekly rate. At a $600 weekly rate, that is $46,800. At the 2026–27 maximum of $1,281.50, it is $99,957, before temporary benefits already paid are deducted.
Yes. Your weekly benefit rate is two-thirds of your average weekly wage, up to the maximum in effect on your date of injury. For injuries between July 1, 2026 and June 30, 2027, the maximum is $1,281.50.
Yes. Temporary benefits you have already been paid are subtracted from the total award.
If you were totally disabled for longer than the healing period the law sets for the injured body part, such as 32 weeks for an arm or hand, the extra weeks are added to your SLU award.
Yes. You can ask to receive the award as a lump sum.
No. The spine, including the back and neck, is a non-schedule body part. Permanent back and neck injuries receive a classification award instead, paid weekly based on your loss of wage-earning capacity, for a maximum number of weeks. A lump sum generally comes through a settlement.
After you reach maximum medical improvement and the percentage is set, either by a stipulation the judge approves or by the judge’s decision. The insurance company then has 10 days to pay.
With an SLU award, the rating and your weekly rate decide how much you receive. Our New York Workers’ Compensation lawyers represent injured workers across New York City and Long Island, and we can explain each step of the SLU process in your case.
Call (516) 640-3900 or contact our team for a free consultation.
Attorney Advertising. This article provides general information about the law and is not legal advice about your situation. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.
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