Still in Pain After Workers’ Comp? When You May Qualify for a Permanency Claim

Permanency in a workers’ compensation case means your condition has reached a point where it is not expected to improve further, even with treatment. At that point, your case is evaluated based on the injury’s lasting impact and how it affects your work and daily life.

At Sawers & Sackel, we help injured workers in Western New York with permanency claims. Below, we explain how to recognize when your case may involve permanency and what that can mean for your claim.

When Your Injury Isn’t Getting Better

It’s frustrating to realize your pain isn’t going away and that this may be your new normal. But that doesn’t always mean your case is finished. In a workers’ compensation claim, if your condition stops improving, it may be treated as permanent.

You may be at that point if:

• Your pain isn’t getting better
• You’re still dealing with physical limitations that haven’t gone away
• You’re continuing treatment but not seeing real progress
• A doctor has indicated the condition may be long-term

When that happens, your case may need to be evaluated differently.

What That Means for Your Workers’ Compensation Claim

If your injury is found to be permanent, your case may qualify for a Schedule Loss of Use, often called an SLU award. In New York, that applies to certain body parts and functions, including the arms, legs, hands, feet, fingers, toes, hearing, vision, and certain facial disfigurement.

This happens after you’ve reached maximum medical improvement (MMI), meaning your condition has improved as much as it’s expected to. At that point, a medical provider evaluates the affected area, assigns a percentage of loss, and that percentage is used to calculate the award.

This type of compensation is based on the permanent loss of function, not just the fact that you were injured. You can qualify even if you’ve returned to work, since it’s based on what you’ve permanently lost, not just time missed.

If the injury involves a part of the body that is not on this list, such as the back, neck, brain, or lungs, the claim is handled differently and may not fall under this type of award.

What To Do Next

If you’re still dealing with symptoms and not seeing improvement, it’s worth taking a closer look at where your case stands. Many workers assume things will resolve on their own or that what they’re experiencing is just part of the process. But once recovery levels off, the way your case is handled can change, and that’s not always obvious unless someone points it out.

At this stage, having your condition properly evaluated is essential. The timing of that evaluation and how your condition is documented can affect how your claim moves forward. Contact Sawers & Sackel, we help injured workers in Buffalo and Western New York, including the Southern Tier and Rochester, with workers’ compensation claims, with a strong focus on permanency and extremity injuries.

If you’re not sure where your case stands, you can call 716-202-2367 to discuss your case.