What if my disability is not on the schedule?

When an employee gets injured, they will have to go to regular doctor’s appointments to see whether their injury is improving at all. If after about two years of continuously seeing the doctor and they determine that your injury is not improving, they may declare your injury permanent. They will be looking to determine a maximum medical improvement, which simply states whether your injury has the ability to improve any further.

There are two types of permanent disabilities that will be considered when determining your benefits. A schedule loss of use outlines protocol for certain body parts including hands, wrists, arms, elbows, shoulders, feet, knees, hips, ankles, or toes. Also included in the schedule is loss of hearing and vision. However, there are other injuries that can occur that do not fall into the schedule. These injuries are known as non-schedule.

Non-schedule injuries usually include spinal injuries, psychological injuries, or even a chronic degenerative condition to an extremity. It is important to know that non-schedule injuries are subject to a capped amount on weekly indemnity benefits, depending on when the accident occurred. However, if the individual is facing 100% permanent total disability or is determined incapable of gainful employment, they may receive lifelong benefits.

If you have been injured in a workplace accident, it is essential to know your rights. You should consult with an experienced workers’ compensation attorney as soon as possible to discuss your case.

The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. If you require strong legal representation, contact our firm today to schedule a free consultation.