Classification: Non Schedule Loss of Use Awards
For injuries to the core of your body (head, neck, back, etc.) or for particularly severe injuries to your limbs, you may be classified with a permanent partial disability or a permanent total disability. Classification typically occurs two years or more years after your most recent surgery or injury after your doctor or the carrier’s IME have determined that you have reached maximum medical improvement (MMI). Classification entitles you to ongoing reduced earnings benefits or out-of-work benefits at a rate based upon your degree of disability as determined by the Workers’ Compensation Law Judge.
You will receive wage-replacement benefits up until the time the Judge finds you are at MMI or for 130 weeks (approximately 2.5 years) after your injury, whichever comes first. After that, your cash benefits will continue for between 4 and 10 years, depending on your Loss of Wage-Earning Capacity determined by the Judge.
If you are not yet at MMI 130 weeks after your injury, it is possible to delay the start of your benefits counting down, if you can get a report from your doctor saying you are not at MMI and a Judge rules you are not at MMI. The 130-week limit does not apply to injuries occurring before 4/10/17.
If you are receiving permanent partial disability benefits, there is no requirement that you see your doctor every 90 days (although we recommend you see a doctor at least once per year). Until then, you must see a doctor every 90 days.
Classification vs. Schedule Loss of Use
On the other hand, if your injury results in a permanent impairment to an appendage (i.e. arm, leg, hand, foot, etc.), or the loss of hearing or vision, you will typically be entitled to a “schedule loss of use award” based on the loss of function to that body part.
How long Do Classification/Permanent Disability Benefits Last
- Life time cash benefits for a 100% loss of wage earning capacity
- 525 weeks for loss of wage earning capacity of greater than 95%
- 500 weeks for loss of wage earning capacity of greater than 90% through 95%
- 475 weeks for loss of wage earning capacity of greater than 85% through 90%
- 450 weeks for loss of wage earning capacity of greater than 80% through 85%
- 425 weeks for loss of wage earning capacity of greater than 75% through 80%
- 400 weeks for loss of wage earning capacity of greater than 70% through 75%
- 375 weeks for loss of wage earning capacity of greater than 60% through 70%
- 350 weeks for loss of wage earning capacity of greater than 50% through 60%
- 300 weeks for loss of wage earning capacity of greater than 40% through 50%
- 275 weeks for loss of wage earning capacity of greater than 30% through 40%
- 250 weeks for loss of wage earning capacity of greater than 15% through 30%
- 225 weeks for loss of wage earning capacity of 15% or less
Once you are paid all of your weeks of permanent disability benefits, your cash benefits will end. You will remain covered for medical treatment as long as that treatment relates to your work injury.
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Our firm is dedicated exclusively to representing injured workers before the New York State Workers’ Compensation Board. If you’ve been hurt on the job, call us today. We’ll explain how we can help you secure every benefit you’re entitled to, guide you through the complexities of the Workers’ Comp. system, and advocate for you both inside and outside the courtroom.
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