Reviewed by Laurence P. Banville, Esq.What Is a Scheduled Loss of Use Award?
New York’s Workers’ Compensation Law divides permanent injuries into two categories: scheduled and non-scheduled. Fingers, thumbs, hands, arms, toes, feet, and legs are all “scheduled” body parts. For a scheduled injury, the statute assigns a fixed number of compensable weeks to total loss of that body part. Your scheduled-loss award is then calculated as:
- Two-thirds of your average weekly wage (subject to the annual maximum set by the Board)
- Multiplied by the number of weeks assigned to that finger under the schedule
- Multiplied by the percentage of loss determined by a physician
The critical distinction is that a scheduled-loss award is separate from wage-replacement benefits. You receive it on top of any temporary disability payments you already received, and it is paid regardless of whether you are working.
Does It Matter Which Finger?
Significantly. Under WCL § 15(3), each digit carries a different number of compensable weeks. The thumb is assigned the most weeks and the little finger the fewest. The thumb commands the highest schedule because it accounts for the majority of the hand’s grip and pinch strength—losing it is far more functionally disabling than losing the little finger.
Two workers with identical wages who each lose a single finger can end up with very different awards depending solely on which digit was amputated. Identifying exactly where your injury falls on the schedule is one of the first things a workers’ compensation attorney will review.
You Still Get Paid If You Return to Work
This is the most misunderstood feature of the scheduled-loss system. Because a finger award is based on permanent anatomical loss—not on whether you remain out of work—you are entitled to the SLU payment even if you have already returned to your pre-injury job, found new employment, or are earning more than before the accident.
This stands in sharp contrast to non-scheduled injuries, such as a back injury, where weekly wage-replacement benefits generally stop when you return to work. With a scheduled loss, the statutory award is a standalone entitlement that your return to employment does not extinguish.
Partial Amputations and Partial Loss of Use
Many finger injuries do not result in total amputation. Workers’ comp recognizes permanent partial loss of use for injuries that reduce finger function without complete removal. A Workers’ Compensation Board–authorized physician examines the injured worker and assigns a percentage of loss—for example, 50% loss of use of the index finger.
That percentage is applied to the full schedule for that finger to calculate the award. Because the percentage finding directly determines the recovery, the quality of medical evidence and the thoroughness of the physician’s report are critically important. If the insurer’s doctor assigns a lower percentage than the injury warrants, an independent medical examination can be essential to protecting the claim.
Steps to Protect Your Finger Amputation Claim
- Report the injury in writing to your employer within 30 days of the accident under WCL § 18.
- File Form C-3 (Employee Claim) with the Workers’ Compensation Board promptly; a two-year filing deadline applies.
- Attend all authorized medical appointments and document every limitation in function, grip strength, and sensation.
- Request an independent medical examination if the insurer’s physician assigns a lower percentage of loss than your treating doctor supports.
- Consult a workers’ compensation attorney before accepting any lump-sum offer; settlements under WCL § 32 close the claim permanently, including future medical treatment.
Prior results do not guarantee a similar outcome. Every scheduled-loss award depends on the specific facts, the injured worker’s average weekly wage, the degree of loss determined by medical evidence, and applicable Board decisions.
Frequently asked questions
How much does workers’ comp pay for losing a finger in New York?
The payout depends on which finger was lost, the extent of the loss, and your pre-injury average weekly wage. New York’s WCL § 15(3) assigns each finger a fixed number of compensable weeks; your award equals two-thirds of your average weekly wage for that many weeks, subject to the annual maximum set by the Workers’ Compensation Board. There is no single dollar figure because wage rates and loss percentages vary by worker and by which finger was injured.
What is a scheduled loss of use award in New York workers’ comp?
A scheduled loss of use (SLU) award is a benefit for the permanent loss—total or partial—of a body part listed on New York’s statutory schedule. Unlike wage-replacement benefits that stop when you return to work, an SLU award is a standalone entitlement based solely on the nature and extent of the permanent injury. It is paid in addition to any temporary disability payments you already received during your recovery.
Does it matter which finger was amputated?
Yes—each finger has a different number of compensable weeks under WCL § 15(3). The thumb carries the most weeks because of its central role in grip and hand function; the little finger carries the fewest. Two workers earning the same wage can receive very different awards if they lost different fingers, which is why identifying the correct scheduled value for your specific injury matters from the start.
Do I still receive workers’ comp benefits if I return to work after losing a finger?
Yes. Scheduled loss of use awards are independent of your employment status. Once a physician assigns a permanent percentage of loss, you are entitled to the SLU award regardless of whether you are back at work, at a new job, or earning more than before the injury. This is one of the key distinctions between scheduled injuries (like finger loss) and non-scheduled injuries (like a back injury) under New York law.
What happens if I only lost part of a finger?
Partial amputations and permanent partial loss of use are compensated proportionally. A Workers’ Compensation Board–authorized physician assigns a percentage of loss (for example, 60% loss of use of the index finger), which is then multiplied by the full schedule for that finger to calculate your award. Because the percentage the examining doctor assigns directly controls how much you recover, obtaining thorough medical documentation and, if necessary, an independent medical examination is critical.