What is the Difference Between a Scheduled and Unscheduled Injury?

Arkansas divides. workplace injuries into two categories; Scheduled and Unscheduled Injuries. This distinction is very important in determining what rights and benefits you have with your workplace injury claim. Many injured workers’ are surprised to find out the limitations posed by scheduled injuries.

What is a scheduled injury?

It is fairly straightforward with Arkansas Law listing out the specific scheduled injuries. Arkansas Code Annotated § 11-9-521 list seventeen different types of scheduled injuries. Within said injuries are the specific amount of weeks said body part would be worth in the event of loss.

The seventeen scheduled body parts per A.C.A. § 11-9-521 are as follows:

  • (1) Arm amputated at the elbow, or between the elbow and shoulder, two hundred forty-four (244) weeks;
  • (2) Arm amputated between the elbow and wrist, one hundred eighty-three (183) weeks;
  • (3) Leg amputated at the knee, or between the knee and the hip, one hundred eighty-four (184) weeks;
  • (4) Leg amputated between the knee and the ankle, one hundred thirty-one (131) weeks;
  • (5) Hand amputated, one hundred eighty-three (183) weeks;
  • (6) Thumb amputated, seventy-three (73) weeks;
  • (7) First finger amputated, forty-three (43) weeks;
  • (8) Second finger amputated, thirty-seven (37) weeks;
  • (9) Third finger amputated, twenty-four (24) weeks;
  • (10) Fourth finger amputated, nineteen (19) weeks;
  • (11) Foot amputated, one hundred thirty-one (131) weeks;
  • (12) Great toe amputated, thirty-two (32) weeks;
  • (13) Toe other than great toe amputated, eleven (11) weeks;
  • (14) Eye enucleated, in which there was useful vision, one hundred five (105) weeks;
  • (15) Loss of hearing of one ear, forty-two (42) weeks;
  • (16) Loss of hearing of both ears, one hundred fifty-eight (158) weeks;
  • (17) Loss of one testicle, fifty-three (53) weeks; loss of both testicles, one hundred fifty-eight (158) weeks.

Complete loss of said body part listed above would mean that a person would be owed that many weeks of Permanent Partial Disability benefits. The amount a person makes per week is dependent on the injured workers’ Average Weekly Wage. For example, if an injured worker had a Permanent Partial Disability rate of $500, and should they have a thumb amputated at work, they would be owed $36,500 (73 weeks x $500).

A partial loss of a body part means that an injured employee is only owed a percentage of the maximum amount owed for that body part. A scheduled injury cannot be worth more weeks of Permanent Partial Disability Benefits than the amounts listed.

What is an unscheduled injury?

Unscheduled injuries are those not listed above in the law. Unscheduled injuries often involve backs, shoulders, hips, and the skin. These injuries have no cap on value for Permanent Partial Disability Benefits. Further, these benefits allow for Wage Loss benefits while Scheduled injuries do not.

Workers’ Compensation law in Arkansas can be complex. It is important that you find an attorney such as the attorney’s at the Law Offices of Craig L. Cook to assist you in navigating the complex nature of these claims.