The ULTIMATE Guide To Non-Schedule Loss Of Use Awards!

Most people have heard of schedule loss of use (SLU) cases—where your compensation is tied to a specific body part, like a leg or arm. But what if your injury doesn’t fit into one of those neatly labeled categories? That’s where non-schedule loss of use (NSLU) cases come in. Let's get into it.

What is a Non-Schedule Loss of Use (NSLU) Case in Workers' Comp?

Non-schedule injuries are basically anything that isn’t tied to a specific limb on the workers’ comp chart. They’re often more serious and more complex—and unfortunately, more likely to get pushed back on by insurance companies. These are the kinds of injuries that affect how your whole body functions, or your ability to work, not just how well one arm or leg moves.

Here are some common examples:

• Spine injuries – Neck (cervical), mid-back (thoracic), and low back (lumbar)
• Pelvic injuries – These are different from hip injuries, which might fall under a schedule award
• Heart and lung conditions – Like a heart attack or respiratory illness linked to your job
• Brain injuries – Concussions, traumatic brain injuries (TBI), or post-concussive symptoms
• Psychological injuries – Depression, anxiety, PTSD caused by work events

If your injury impacts your body in a broader way or limits how you earn a living, it likely falls under this category.

How is a NSLU Determined in Workers' Comp?

With a non-schedule case, it’s not just about what’s hurt—it’s about how your injury affects your ability to work and make a living.

Doctors follow a set of guidelines to figure this out. They look at:

• What symptoms you’re still dealing with (like pain or numbness)
• Your test results (MRIs, X-rays, EMGs)
• Physical exams (range of motion, strength, reflexes)
• Whether you had surgery and how you responded to it

All that gets turned into a point score, which eventually becomes a letter grade (like a C, D, or E). The problem? These letter grades can be vague. One doctor’s D might be more serious than another’s, and that gives insurance companies room to argue.

That’s why your overall situation—not just your injury, but your background, education, and job experience—also plays a role in your final disability rating. It’s about the big picture.

What Else Goes Into the Final Determination?

Here’s what workers’ comp takes into account when figuring out your level of disability:

• Your Medical Condition: How serious is the injury? Is it permanent? Are you still in treatment?
• Your Work and Education History: If you’ve always worked in construction and now you can’t lift more than 10 pounds, that’s a much bigger deal than if you’ve been working a desk job.
• Other Health Issues: Sometimes unrelated medical problems (like cancer or another chronic condition) can increase your overall disability if they make it even harder to work.
• Are You Working Now? If you’ve gone back to your job and you're earning the same as before, your case might not be worth much in terms of wage loss—even if you’re still in pain.

How Do You Calculate a NSLU in Workers' Comp?

In a non-schedule case, your benefits are based on how much your injury affects your ability to earn a living—not just the injury itself.

Here’s the quick breakdown:

1. Average Weekly Wage (AWW): Your earnings before the injury.
2. Benefit Rate: You get up to ⅔ of your AWW, capped by the state.
3. Loss of Wage Earning Capacity (LWEC): A percentage that reflects how much your ability to work has been reduced, based on your injury, job history, education, and other factors.
4. Your Weekly Check: Multiply your benefit rate by your LWEC percentage.
5. Duration: You receive payments for a set number of weeks (225–525), depending on how severe your disability is.

The more your injury impacts your ability to work, the higher the percentage—and the longer your benefits last.

How Does a NSLU Award Work with Multiple Injuries?

Let’s say you hurt your shoulder and your back. Now you’ve got both schedule and non-schedule injuries in play.

Here’s how it usually breaks down:

• If you’re back to work full-time and making your normal wage, your non-schedule injuries might not have any value.
• If you’re out of work or making less, then all your injuries are considered together to figure out your overall disability.

Doctors will look at everything and decide whether you can do heavy work, light work, or just desk work—and that becomes part of your final rating.

How is a NSLU Award Different from a Settlement?

Non-Schedule Award
This happens when a judge decides your case based on your loss of wage earning capacity (LWEC). You receive weekly payments for a set number of weeks, depending on how serious your disability is. You also keep your right to ongoing medical treatment related to the injury. Once those weeks are up, the payments stop—even if you're still out of work.

Settlement (Section 32)
A settlement usually means you're closing out your case entirely in exchange for a lump sum. In most cases, that also means giving up the right to future medical treatment. You get paid once, and that’s it—the case is done.

Which One Should You Choose?
It depends on your situation. If you're still getting treatment, you may want to keep your case open. But if you're at the point where you're done treating and want closure (and cash in hand), a settlement might be a better fit. Just make sure you understand what you're giving up—because once you settle, there’s no going back.

Pro Tips for Injured Workers with Non-Schedule Injuries

Here are a few ways to stay on top of your case and make sure you’re not missing out on anything:

• Keep your lawyer in the loop. If your work status changes, if you’re earning less, or if you’re thinking about settling—say something.
• Track your pay and your treatment. Save your pay stubs, appointment records, and anything else related to your case.
• Don’t assume doctors or insurers are doing what they’re supposed to. Be proactive. Ask questions. Confirm things are being submitted.
• Stay involved. It’s your case and your future. The more informed and engaged you are, the better your chances of getting what you deserve.

Contact Us For Help With Your Workers' Compensation Case

If you’ve got questions, or if you just want someone to take a closer look at your case and give you honest, straightforward advice, give me a call. You can reach me, Rex Zachofksy, at 212-406-8989. Whether your case is simple or complicated, schedule or non-schedule, we’ll figure it out together.