01Types of compensable shoulder injuries.
- Rotator cuff tears — supraspinatus most common; partial vs. full-thickness affects surgical decision-making and permanency
- Labral tears — including SLAP lesions; common in lifting and overhead work
- AC joint injuries — separations, arthritis, instability
- Impingement syndrome — often a precursor to rotator cuff pathology
- Frozen shoulder (adhesive capsulitis) — secondary to other injuries or as a primary condition
- Dislocations and instability — particularly recurrent instability requiring surgical stabilization
- Fractures — proximal humerus, scapula, clavicle
- Biceps tendon injuries — often co-occurring with rotator cuff pathology
02The Schedule Loss of Use math.
For permanent shoulder injuries, NY assigns 312 weeks as the maximum compensation for the arm at 100% loss of use. Your SLU award is computed as:
SLU Formula
(Your Weekly Rate) × (312 weeks) × (% Loss of Use) − (indemnity already paid)
At the current maximum weekly rate of $1,222.42 (for injuries July 1, 2025 – June 30, 2026):
- 10% SLU of the arm = $1,222.42 × 312 × 10% = ~$38,140 (gross, before credits)
- 25% SLU of the arm = $1,222.42 × 312 × 25% = ~$95,348
- 50% SLU of the arm = $1,222.42 × 312 × 50% = ~$190,697
The numbers come down at lower AWW rates — but the formula structure stays the same. AWW disputes still matter even on a "schedule" injury.
03Range of motion: what the impairment math actually uses.
The 2018 NY Impairment Guidelines instruct physicians to calculate shoulder SLU primarily based on Range of Motion deficits. Specifically, the relevant tables (5.4(a) and 5.4(b)) score:
- Forward flexion (raising the arm forward overhead) — normal is 180°
- Abduction (raising the arm to the side) — normal is 180°
- External rotation (rotating the arm outward with elbow at 90°) — normal is 90°
- Internal rotation (rotating the arm inward) — measured by spinal level
Each axis of motion produces an impairment percentage; the percentages combine using a defined formula to produce the overall arm SLU. The carrier's IME will use this framework. Whether they apply it correctly — and whether the measurements are accurate — is the testable battleground.
04Surgical outcomes and SLU.
- Arthroscopic rotator cuff repair — common; outcomes vary by tear size and tissue quality. Substantial residual SLU is normal even with good outcomes.
- Open or "mini-open" rotator cuff repair — used for larger tears; permanent loss of motion is more typical.
- Labral repair (SLAP, Bankart) — variable outcomes; instability cases are sometimes more complex than tear cases.
- Total shoulder arthroplasty (replacement) — career-ending for most physically demanding occupations; SLU values are very high (often 50%+) and Section 32 settlements substantial.
- Reverse total shoulder arthroplasty — used for irreparable rotator cuff arthropathy; even higher SLU values typical.
Free Tool
SLU Estimator — actual NY guideline math, including shoulder.
05Common questions about shoulder cases.
What's a fair SLU percentage for a rotator cuff tear?
Most rotator cuff tears land in a 5–35% SLU range, with the exact number driven by tear size, surgical outcome, and residual range of motion. Small tears with good post-op recovery typically fall at 5–15%. Large tears with residual deficit are commonly 15–35%. Multiple-tendon tears, retears, and revision surgeries push higher. The 2018 Guidelines drive the math; the disputed question is the measurement, not the formula.
The IME doctor said I'm 5%. My treating doctor said 30%. Now what?
This is a routine SLU dispute. The Workers' Compensation Law Judge decides, generally after testimony or depositions of both physicians. The judge may adopt one opinion, the other, or a number in between. The strength of the underlying ROM measurements, the consistency of the medical narrative, and credibility at deposition are decisive.
How long after surgery does SLU get determined?
Typically 9–18 months after the surgery, at maximum medical improvement. Permanency is set after the surgeon and any subsequent treaters agree the condition is stable. Pushing for premature SLU determinations is generally a carrier strategy to lock in lower numbers; pushing back on prematurity is generally claimant strategy.
Can I get SLU and ongoing weekly checks at the same time?
No. SLU is paid as a lump sum (or a monetary advance against the lump sum), and it represents the full indemnity entitlement for the body part. You can have SLU on one body part and ongoing weekly benefits on another body part of the same case (e.g., shoulder SLU plus continuing back disability), but you can't have both for the same body part.
What if my shoulder injury has caused other problems — neck pain, opposite shoulder, etc.?
"Consequential injuries" are real and compensable. If the shoulder injury changed your gait, posture, or use of the opposite arm in a way that produced a new injury, that new injury is causally related and should be added to the case. The carrier will resist; the medical narrative is the evidence.
I had shoulder surgery 5 years ago and now I need a revision. Is that a new claim?
Generally no — it's a continuation of the original claim. Revision surgery, hardware removal, and treatment for failed primary procedures all flow from the original case. Reopen the case if it was closed; don't file a new C-3 unless there's a genuinely new injury event.
Related
Often Co-Occurring
Back & Neck →
Cumulative Variant
Repetitive Stress →
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