Legal Definitions - scheduled injury

A scheduled injury refers to a specific type of workplace injury, primarily recognized within workers' compensation systems, for which the amount of compensation is predetermined by a statutory list or "schedule." This schedule typically assigns a fixed value or a specific number of weeks of benefits for the loss or permanent loss of use of certain body parts, such as fingers, toes, limbs, or sensory organs like eyes or ears.

The compensation for a scheduled injury is generally paid regardless of the worker's actual wage loss or earning capacity after the injury, focusing instead on the impairment itself as defined by law. This approach aims to standardize compensation for common, definable injuries, streamlining the claims process for both employers and injured workers.

Here are some examples illustrating a scheduled injury:

• Example 1: Loss of a Digit

  Imagine a carpenter who accidentally severs their index finger while working with a power saw. In many states, workers' compensation laws include a schedule that assigns a specific number of weeks of benefits for the loss of a digit or a portion thereof. For instance, the schedule might stipulate 40 weeks of benefits for the loss of an index finger. The carpenter would receive this predetermined compensation, irrespective of whether they could return to work quickly or if their wage-earning capacity was significantly impacted long-term beyond the initial healing period. The compensation is based on the statutory value of the lost finger, not on a detailed assessment of their individual future earnings.

• Example 2: Occupational Hearing Loss

  Consider an assembly line worker who, after years of exposure to high noise levels in the factory despite wearing protective gear, develops a permanent and measurable percentage of hearing loss in both ears. Many workers' compensation schedules include provisions for sensory losses. If the state's schedule assigns a specific value or a set number of benefit weeks for a certain percentage of bilateral hearing loss, the worker's claim would be processed according to that predetermined amount. The compensation is based on the statutory value of the hearing impairment, providing a standardized benefit for this specific occupational injury.

• Example 3: Permanent Loss of Use of a Limb

  Suppose a warehouse employee suffers a severe fall, resulting in a complex fracture and nerve damage to their arm. Despite extensive medical treatment and rehabilitation, they permanently lose a significant degree of functional use of that arm, even though it was not amputated. Workers' compensation schedules often cover not just the complete loss (amputation) of a body part but also the permanent loss of its functional use. If the schedule assigns a specific number of benefit weeks for the "loss of use of an arm," the employee would be compensated based on that scheduled amount. The compensation is tied to the impairment as defined by the schedule, providing a standardized benefit for that specific type of injury.