When a workplace accident results in a hip injury that limits mobility, workers' compensation may provide a loss of use benefit to compensate for the reduced functional capacity of the joint. This benefit is calculated based on the degree of impairment, the employee's wage, and state-specific statutes, and it requires clear medical documentation of permanent or long‑term loss of function.
More from this site
Keep reading the latest coverage
What Loss of Use Means for a Hip Injury
Loss of use refers to the diminished ability to perform normal activities because the hip no longer functions as it did before the injury. It is distinct from temporary disability payments, which cover short‑term wage loss, and from medical expense reimbursements. Loss of use is intended to offset the lasting impact on an employee's earning potential and quality of life.
How the Impairment Rating Is Determined
Each state uses a medical‑legal schedule—often the American Medical Association (AMA) Guides—to assign a percentage rating to the hip injury. The rating reflects the severity of functional loss, ranging from mild stiffness (often 5‑10%) to severe arthritic degeneration or joint replacement (up to 30% or more). The treating physician must complete a detailed impairment report, and an independent medical examiner may be required to confirm the rating.
Calculating the Loss of Use Benefit
The formula varies by jurisdiction, but the general steps are:
- Identify the employee's average weekly wage (AWW) over the 52 weeks preceding the injury.
- Apply the impairment percentage to the AWW.
- Multiply the result by a state‑defined factor, commonly 0.5 to 1.0, to arrive at the weekly loss of use payment.
For example, an employee earning $1,200 per week with a 20% hip impairment and a state factor of 0.75 would receive $1,200 × 0.20 × 0.75 = $180 per week.
Required Documentation and Evidence
To secure a loss of use award, the claimant must provide:
- A comprehensive medical record detailing the injury, treatment, and ongoing limitations.
- An official impairment rating from a qualified physician.
- Functional capacity evaluations (FCE) that demonstrate reduced range of motion, strength, or endurance.
- Employer verification of the injury's work‑related cause.
Failure to supply any of these elements can delay or reduce the benefit.
Typical Timeline for a Loss of Use Claim
Claims generally follow this sequence:
| Stage | Typical Duration | Key Actions |
|---|---|---|
| Initial filing | 1‑2 weeks | Submit injury report and medical documentation. |
| Medical evaluation | 2‑4 weeks | Obtain impairment rating and FCE. |
| Insurance review | 4‑8 weeks | Adjuster assesses evidence and calculates benefit. |
| Decision & payment | 1‑2 weeks | Benefit begins; claimant may appeal if denied. |
Potential Challenges and How to Address Them
Common obstacles include disputed impairment percentages, contested causation, and statutory caps on loss of use payments. Engaging a workers' compensation attorney early can help ensure the medical evidence meets legal standards, negotiate with insurers, and file timely appeals if necessary.
Impact on Future Employment and Benefits
Loss of use benefits are considered part of the workers' compensation system and do not affect Social Security Disability or unemployment insurance eligibility. However, a high impairment rating may limit the employee's ability to return to the same type of work, prompting vocational rehabilitation or job retraining services, which are also covered under many state workers' comp programs.