What a 42.5% Loss of Use Means in New York Workers' Compensation Cases

What Is "Loss of Use" in Workers' Compensation?

In workers' compensation, "loss of use" refers to the reduction in a person's ability to perform a job due to a workplace injury. The percentage indicates how much of the job's functional capacity is compromised. A 42.5% loss means that the employee can perform only 57.5% of the required duties, or that the injury reduces job performance by 42.5% compared to the pre‑injury level.

How New York Calculates Loss of Use

New York's Workers' Compensation Board (WCB) uses a standardized approach: a certified occupational physician or medical provider completes a functional capacity evaluation (FCE). The FCE assesses specific job tasks—lifting, walking, using hands, etc.—and assigns a percentage loss for each. The overall loss of use is the weighted average of these task percentages, reflecting the employee's total functional impairment.

Step‑by‑Step Process

• Initial medical examination and job analysis.
• Functional capacity evaluation (FCE) by a licensed professional.
• Calculation of task‑specific impairment percentages.
• Aggregation into a single loss‑of‑use percentage.
• Certification and submission to the WCB.

What 42.5% Means for the Employee

A 42.5% loss of use typically results in a partial disability payment. The calculation is: Base rate × (Loss of Use %) / 100. For example, if the base rate is $1,500 per week, the employee would receive $637.50 weekly. The payment is capped at 80% of the employee's pre‑injury salary, and the benefit period usually lasts 52 weeks unless the injury is permanent.

Impact on Return‑to‑Work Plans

Employers and medical providers use the loss‑of‑use figure to design modified duties. A 42.5% impairment may allow the employee to return to a less demanding version of the job or a temporary alternate position. Employers must provide reasonable accommodation within the employee's functional limits.

Common Misconceptions

Misconception 1: A 42.5% loss means the employee can't work at all. Reality: It indicates partial loss; many employees can still work with adjustments.

Misconception 2: Loss of use is the same as permanent disability. Reality: Loss of use can be temporary; permanent disability is a separate determination.

Key Takeaway Table

When to Seek a Re‑Evaluation

If an employee's condition changes—improves or worsens—they can request a new FCE. A re‑evaluation can adjust the loss‑of‑use percentage, potentially increasing or decreasing benefits and influencing return‑to‑work options.

Resources for Workers and Employers

• Workers' Compensation Board of New York – Official guidelines and forms.

• National Council on Compensation Insurance (NCCI) – Provides standardized loss‑of‑use tables.

• Occupational Health Services – Offer FCEs and return‑to‑work planning.