Scheduled vs. Non-Scheduled Injuries in Alabama Workers Compensation Cases: Why the Difference Matters

Scheduled vs. Non-Scheduled Injuries in Alabama Workers Compensation Cases: Why the Difference Matters

If you have been injured at work in Alabama, you may hear your attorney, physician, or the workers’ compensation insurance carrier refer to your injury as either a scheduled injury or a non-scheduled injury.

Most injured workers have never heard these terms before and have no idea why they matter, but the distinction can have a significant impact on the benefits available under Alabama’s Workers’ Compensation Act.

What Is a Scheduled Injury?

Alabama’s Workers’ Compensation Act contains a “schedule” that assigns a specific number of weeks of compensation for the loss or impairment of certain body parts.

These body parts, often referred to as “scheduled members,” include:

• Fingers
• Thumbs
• Hands
• Arms
• Toes
• Feet
• Legs
• Eyes
• Hearing

For example, the Workers’ Compensation Act assigns a specific number of weeks of benefits for the loss of a hand, arm, foot, or leg.  When an injury is confined to one of these body parts, compensation is generally limited to the schedule.

Why Are Scheduled Injuries Treated Differently?

The Alabama Legislature created the schedule to provide a predictable method of compensating injuries to certain body parts.  The idea is that a worker who loses a hand should receive compensation based upon the schedule regardless of their particular occupation or earning history.  As a result, purely scheduled injuries are generally compensated based upon the impairment to the injured body part itself.

What Is a Non-Scheduled Injury?

Non-scheduled injuries are injuries that are not governed by the statutory schedule.  Common examples include injuries involving:

• The back
• Spine
• Neck
• Shoulders
• Hips
• Chronic Pain

These injuries are often referred to as “body-as-a-whole” injuries, and unlike scheduled injuries, non-scheduled injuries may allow consideration of vocational disability and loss of earning capacity.

Why Does This Matter?

The distinction becomes important because different evidence may be considered depending upon whether an injury is scheduled or non-scheduled.

For non-scheduled injuries, the court may consider factors such as:

• Age
• Education
• Work history
• Transferable job skills
• Physical restrictions
• Chronic pain
• Medication side effects
• Ability to earn wages in the future

This type of evidence is commonly referred to as vocational evidence.

In cases involving purely scheduled injuries, vocational disability evidence is generally not available.

Can a Scheduled Injury Become a Non-Scheduled Injury?

Sometimes.  This is where workers’ compensation law becomes more complicated, because although an injury may begin as a scheduled injury, Alabama courts have recognized circumstances where the effects of the injury extend beyond the scheduled member itself.  When that occurs, the injury may no longer be limited to the schedule.

Chronic Pain and the Body as a Whole

One example involves chronic pain.  A worker may suffer an injury to a hand, foot, or leg that initially appears to be a scheduled injury; however, if the pain becomes so severe that it affects the efficient functioning of the worker’s entire body, the injury may no longer be viewed as confined to the scheduled member.

The focus is not simply on the location of the injury.  The focus is on the effect the injury has on the worker as a whole.

Altered Gait and Secondary Problems

Another common example involves lower-extremity injuries.  Suppose a worker suffers a serious knee injury.  Over time, the worker develops:

• Hip pain
• Back pain
• Balance problems
• Altered walking mechanics

In some situations, these secondary conditions may support an argument that the effects of the injury have extended beyond the scheduled member.

Complex Regional Pain Syndrome (CRPS/RSD)

Certain conditions frequently raise questions regarding the schedule.  One example is Complex Regional Pain Syndrome (CRPS), also called Reflex Sympathetic Dystrophy (RSD).

Although the condition may begin in a hand, arm, foot, or leg, it can produce symptoms that affect the nervous system and overall functioning of the body.  Cases involving CRPS often require careful analysis of whether the injury remains confined to a scheduled member.

Why the Classification Matters

The classification of an injury can significantly affect the value of a workers’ compensation claim.  For example: A worker with a scheduled injury may be limited to the benefits provided by the statutory schedule, while A worker with a non-scheduled injury may be entitled to consideration of vocational disability, loss of earning capacity, and in some cases permanent total disability benefits.

As a result, disputes frequently arise regarding whether an injury should remain within the schedule or be treated as a body-as-a-whole injury.

Every Case Is Different

There is no single rule that applies to every injury.  The determination often depends upon:

• Medical evidence
• Physician testimony
• Functional limitations
• Pain complaints
• Vocational evidence
• The specific facts of the case

For that reason, injuries involving chronic pain, altered gait, CRPS, or other complications often require a careful review of both the medical and legal issues involved.

The difference between a scheduled injury and a non-scheduled injury is one of the most important concepts in Alabama workers’ compensation law.  While many injuries are clearly covered by the statutory schedule, others may involve complications that extend beyond the injured body part and affect the worker’s body as a whole.  Understanding that distinction is important because it can significantly affect the benefits available under Alabama’s Workers’ Compensation Act.

If you have suffered a workplace injury and have questions about impairment ratings, scheduled injuries, vocational disability, chronic pain, or permanent disability benefits, it may be helpful to speak with an attorney experienced in Alabama workers’ compensation law.

At Powell and Denny, we have spent decades helping injured workers throughout Alabama navigate the complex issues that arise in workers’ compensation claims, so don’t hesitate to contact and speak with one of the experienced Alabama Workers Compensation and Social Security Disability attorneys at Powell and Denny today for a free consultation. Appointments are available in person, or virtually via Zoom if more convenient.  Powell and Denny would appreciate the opportunity to help.  And remember, there is no fee unless you win.

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