Scheduled vs. Unscheduled Injuries: What’s the Difference?

Getting hurt on the job can flip life upside down overnight. Doctor visits, wage checks that suddenly stop appearing, and a multitude of forms often leave workers in Louisiana wondering what happens next.

At Shlosman Law Firm, we guide injured employees in New Orleans and across the state through this maze every day. This article explains the difference between scheduled and unscheduled injuries under Louisiana workers’ compensation, so you have a clearer picture of the benefits that may be waiting for you.

Defining Scheduled Injuries in Louisiana Workers’ Compensation

Louisiana’s workers’ compensation statutes place certain body parts on a “schedule.” If one of these parts is damaged at work, the law supplies a built-in formula for weekly payments, making the process fairly predictable.

Common body parts covered include:

• Arms and legs
• Hands and feet
• Fingers and toes
• Eyes and ears

Compensation is calculated by matching the physician’s impairment rating with the table found in Louisiana Revised Statutes 23:1221, which lists the number of weeks of pay each part receives. Since the numbers are already set, most disputes center on the correct impairment percentage rather than the payment period itself.

While the schedule may appear straightforward, a slight change in the impairment rating can significantly alter the entire award, making careful medical documentation essential before any agreement is signed.

Defining Unscheduled Injuries in Louisiana Workers’ Compensation

Not every body part sits on the statutory list. Injuries to the back, neck, head, shoulders, internal organs, or even work-related stress disorders fall into the “unscheduled” category. These claims must be based on the extent to which the injury impairs the worker’s ability to earn a living, rather than a preset number of weeks.

Examples include:

• Lumbar or cervical spine trauma
• Closed-head injuries or concussions
• Occupational lung disease
• Psychological injuries linked to a workplace incident

Here, the compensation hinges on lost earning power. The worker, often with the assistance of a vocational expert, must demonstrate wage loss resulting from the medical condition. Proof might include pay stubs, job search logs, or testimony on how pain limits daily tasks.

Because unscheduled awards are based on employability, they can result in higher payments when the injury prevents a return to the same or similar work.

Main Differences in Compensation Calculation

Scheduled cases rely on a chart, so the insurer usually cuts checks once the impairment rating is accepted. By contrast, unscheduled claims demand a broader review of the injured worker’s entire job market picture.

The following table highlights core contrasts.

Benefit Rules for Scheduled vs. Unscheduled Injuries
Factor	Scheduled Injury	Unscheduled Injury
Covered Body Parts	Listed in La. R.S. 23:1221 (arms, legs, etc.)	Any part not on the schedule
Primary Proof Needed	Impairment rating for that part	Impairment plus wage-loss evidence
Payment Length	Preset number of weeks	Varies with lost earning capacity
Chance of Higher Award	Lower, due to the fixed chart	Higher when injury blocks future work

 

Because the unscheduled path can involve several experts and lengthy hearings, many workers opt for a lump-sum settlement once the extent of their disability becomes clear.

The Role of Impairment Ratings

An impairment rating is a doctor’s estimate, expressed as a percentage, of how much bodily function has been lost. In both scheduled and unscheduled claims, this number acts as the starting point for any payment calculation.

For scheduled injuries, the percentage is plugged directly into the statute’s chart. A 20 percent loss of a hand, for example, produces 20 percent of the weeks assigned to that hand.

In unscheduled cases, the rating is one element the judge reviews while deciding whether the worker can return to past employment or must accept lower-paying light duty. A higher rating often supports a larger wage-loss benefit. However, even a modest rating can still result in significant payments if the injury renders the worker unable to perform their trade skills.

Common Challenges and How to Address Them

Although Louisiana’s workers’ compensation laws aim for clarity, disagreements still arise. The issues listed below frequently appear in our practice.

Disputes Over Injury Classification

Insurers sometimes try to label a shoulder or hip injury as scheduled despite modern medical views that treat those joints as part of the body trunk. If you suspect mislabeling, consider seeking a second medical opinion and consulting with counsel immediately.

Proving Loss of Earning Capacity

Showing wage loss is more challenging when the worker has moved into lower-paying duties before the hearing. Helpful evidence may include:

1. Complete medical files outlining permanent limits
2. Reports from a certified vocational counselor detailing available jobs and pay rates
3. Sworn testimony from the worker about failed job searches and ongoing pain

Collecting these items early can shorten litigation and strengthen settlement talks.

Navigating the Claims Process

Strict filing deadlines apply, starting with the notification of the injury to the employer. Missing a date or failing to submit a required form can delay payments. A workers’ compensation attorney keeps the file on track and shields you from tactics that might undervalue the claim.

Injured in Louisiana? Contact Shlosman Law Firm for Assistance

Shlosman Law Firm fights for workers across New Orleans and the rest of the state when job-related injuries derail paychecks and families’ futures. Our team pushes back against corporations and insurers that refuse fair treatment, whether your case involves a scheduled loss or a complex wage-loss dispute.

If you have questions about your benefits, call 504-826-9427, email info@shlosmanlaw.com, or visit our website to schedule a complimentary consultation. We will review your medical records, explain every option, and take action to recover the payments Louisiana law promises.

Securing benefits is about more than money. It allows you to focus on healing while bills are paid and job prospects remain open. Reach out today so we can put our experience to work for you and your family.