A Scheduled Loss of Use settlement, or SLU, is a retroactive payment that can be granted to a laborer after their personal physician deems them fully recovered from a work injury. After sustaining an injury, a doctor will monitor your progress until you are declared to have achieved MMI, or “maximum medical improvement”.
The first step in reaching a SLU settlement is determining the injured workers’ average weekly wages. This figure is determined by adding up the amount earned for each of the previous 52 weeks and dividing by 52. The injured worker is entitled to 2/3 of this amount. The next step is confirming which body parts were injured and what value has been placed on each body part according to the schedule printed at Appendix II of the June 1996 Workers’ Compensation Guidelines. This value is quantified in total weeks. The next step is to reach agreement as to the percent loss of use for each body part that was injured. This is the area where an experienced workers’ compensation lawyer can make all the difference. The injured workers’ doctor may find a 50% loss of use while the insurance company doctor may find only a 30% loss of use. However, the difference in the settlement value between the two is significant. It requires not only skill and expertise, but also the power to persuade to get the higher percentage of loss of use. The final step is to confirm the amount of time lost from work as a result of the injury which will be deducted from the total settlement. Below is a hypothetical scenario to serve as an example:
The example above is meant to illustrate the importance of having an experienced workers’ compensation attorney who is skilled in the art of persuasion and negotiation handle your scheduled loss of use settlement.
Contact Kaplan Lawyers PC
If you or a loved one is discussing a scheduled loss of use settlement it is critical to hire the workers’ compensation attorneys at Kaplan Lawyers PC to advocate on your behalf. The consultation is free but the increase in the settlement amount will be significant.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]