Let's break down what impairment ratings are, how they’re figured out, why they can look different from case to case, and what you can do to protect yours—and the money tied to it. Whether you’re just starting your claim or getting close to settling, knowing how this stuff works can make a big difference.
An impairment rating is the number that shows how much your work injury has permanently affected you. It’s based on medical reports and plays a big role in how much money you’ll get. You only get this rating after reaching Maximum Medical Improvement (MMI)—meaning you’re not expected to get much better. At that point, your doctor gives their opinion on your level of permanent disability.
But the insurance company usually sends you to their doctor too—someone who sees you once for 10 minutes and usually gives a lower rating. Why? Because a lower rating means they pay less.
That’s why it’s crucial your own doctor submits a strong report. If they don’t, the insurance company’s opinion could be the only one that counts.
The Two Types of Ratings in New York
In New York, impairment ratings fall into two buckets: Schedule Loss of Use (SLU) and Non-Schedule (Classifiable) Disabilities.
SLU applies to specific body parts—arms, legs, hands, feet, fingers, toes, hearing, and vision. If you’ve lost use of one of these, you get paid for a set number of weeks, based on how bad the loss is and what your average weekly wage is.
Non-Schedule covers injuries to your head, neck, back, or internal systems. These don’t follow a chart—instead, they look at how your injury affects your ability to work, also known as your Loss of Wage Earning Capacity (LWEc).
Knowing which type of case you have helps determine how your benefits are figured out—and how to protect your payout.
Impairment ratings used to be simple—“50% disability” and you’d know what that meant. Now it’s stuff like “11.2 severity, grade C,” which leaves most people scratching their heads.
For schedule injuries (arms, legs, etc.), doctors check things like range of motion and strength, then give a percentage based on state guidelines.
For non-schedule injuries (back, neck, internal issues), it’s more layered. Doctors use charts and medical rules to give you a severity score, which gets factored into your Loss of Wage Earning Capacity (LWEc)—how much your injury affects your ability to earn a living.
With non-schedule injuries, it’s not just about the injury—it’s about how it impacts your work life. That’s where your vocational background matters: age, education, job history, skills, and language ability all influence your LWEc.
Take two people with the same back injury:
Same injury, but the second person will likely get a higher LWEc—and more benefits—because they’ve got fewer options for returning to work.
A few common slip-ups can tank your rating fast:
Any of these can lower your rating—or worse, make your whole case look shaky. The fix? Be consistent, be honest, and keep up with your treatment.
And seriously—don’t try to handle this whole thing by yourself.
If you’re wrestling with an impairment rating—or just feeling stuck somewhere in the workers’ comp maze—let’s talk. I’m Rex Zachofsky, and this is what I do all day, every day. A quick conversation can help you figure out where you stand and what the next smart step might be. Give me a call at 212-406-8989.
