An injured employee will receive monetary benefits for the loss of use of such a body member during periods of temporary disability associated therewith, and/or at the time a judicial finding is made of permanent impairment.
[2] An essential basis for calculating a Schedule Loss of Use ("SLU") is often a multiple of the injured employee's pre-injury average weekly wage, or some percentage thereof, as determined by a state's Workers' Compensation Law.
[citation needed] Unlike in other aspects of tort law, rather than being figurative, the meaning is sometimes literal, whereby a worker's arm has been twisted by machinery, and is rendered useless for work.
Downtime claims indemnify for loss of earnings resulting from inability to operate because of damage to a tractor or trailer from an insured peril such as a collision or a fire.
A common method is to determine gross income for 90 days before the accident, then subtract all variable expenses such as fuel, tolls, oil, etc.
[7][8] The Colorado Supreme Court disagreed, saying a car rental company (originally National) was "entitled to recover loss of use damages irrespective of its actual lost profits" in 2012.