Loss of use

Loss of use

Loss of use is the inability, due to a tort or other injury to use a body part, animal, equipment, premises, or other property. Law.com defines it as "the inability to use an automobile, premises or some equipment due to damage to the vehicle, premises or articles caused by the negligence or other wrongdoing of another." [http://dictionary.law.com/default2.asp?selected=1186 law.com Law Dictionary] ]

chedule loss of use of a member (Workers' Compensation law)

Under workers' compensation law, a schedule loss of use is the set amount of compensation an employee may receive for the inability to use a particular body member, such as an arm, hand, finger, leg, foot, or toe. 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. These monetary benefits are in addition to other benefits for compensation such as medical benefits. [See, e.g., N.Y. WCL § 15 (New York Workers' Compensation Law section 15, "Schedule in case of disability"). [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS] ] 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. This wage information is utilized in conjunction with a medical assessment by an evaluating physician, together with a schedule which standardizes the value of particular injuries. This standardization is necessary to ensure Equal Protection while applying a Workers' Compensation scheme. The physician's loss assessment is converted to a period of weeks, utilizing the schedule published in law, and then this number of weeks is multiplied by the wage basis to determine the total value of the SLU. Due to the complexity of the calculations involved in determining an SLU, it may be useful to utilize an SLU calculator, such as may be provided on legal, public service, academic, or informational websites [For example, see the calculators for New York Workers' Compensation Law at http://criscuololaw.com/workers_compensation_and_social_security_disability_resources.php] . The etymology of tort is from the French word for twisted -- as in wrongful, trespassing, sick, perverted, or disturbed.cn|date=February 2008 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. [Worker's compensation is usually not considered part of tort law, but is thought of as a statutory scheme that "replaces" tort law.]

Loss of use (property)

Under property law, almost any possible property can be the subject of loss of use. This might include equipment, goods, inventory, a residence, a farm, a motor vehicle, office building, or commercial property. For example, the real property can not be used due to a chemical spill, or the car can not be driven because it was damaged in a motor vehicle accident.

Loss of use insurance

A property owned may purchase insurance to indemnify against the loss of use of property, especially real property, such as a home, office, or business premises. [ [http://moneycentral.msn.com/quickref/quickref.asp?Cat=10&SelCat=2&RefType=0&Topic=4&Sub=2 Fast Answers: Insurance, Home, Loss of Use. - MSN Money ] ]

References

External links

* [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS New York State Worker's Comp law Government web site] , type in WKC, at N.Y. WCL section 15.
* [http://criscuololaw.com/workers_compensation_slu_schedule_loss_award.html Legal Definitions Page]
* [http://moneycentral.msn.com/quickref/quickref.asp?Cat=10&SelCat=2&RefType=0&Topic=4&Sub=2 MSN Money Central web site]
* [http://www.nysba.org/MSTemplate.cfm?MicrositeID=67 New York State Bar Association TICL Section (Torts, Insurance and Compensation Law) official site]

ee also

* Insurance law


Wikimedia Foundation. 2010.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • loss of use — The inability to use an automobile, premises, or some equipment due to damage caused by the negligence or wrongdoing of another. This concept may entitle claimants to damages. For example, during the period of non occupancy while a burned… …   Law dictionary

  • loss of use — An element of damages as an interference with the plaintiff s right to use the property involved, usually measured by rental value or the reasonable cost of hiring a replacement. 22 Am J2d Damg § 152. See loss of member …   Ballentine's law dictionary

  • loss — is a generic and relative term. It signifies the act of losing or the thing lost; it is not a word of limited, hard and fast meaning and has been held synonymous with, or equivalent to, damage , damages , deprivation , detriment , injury , and… …   Black's law dictionary

  • loss — is a generic and relative term. It signifies the act of losing or the thing lost; it is not a word of limited, hard and fast meaning and has been held synonymous with, or equivalent to, damage , damages , deprivation , detriment , injury , and… …   Black's law dictionary

  • loss of member — Loss of arm or leg. 29A Am J Rev ed Ins § 1510. Sometimes meaning an actual severance, at other times including loss of use. 58 Am J1st Workm Comp § 287. See loss of foot …   Ballentine's law dictionary

  • Use and Occupancy Insurance – U&O — A type of insurance that covers against the loss of use of machinery or property due to damage resulting from a named peril or hazard, such as a fire or natural disaster. Use and occupancy insurance provides certain coverage through endorsements… …   Investment dictionary

  • Loss of chance in English law — refers to a particular problem of causation, which arises in tort and contract. The law is invited to assess hypothetical outcomes, either affecting the claimant or a third party, where the defendant s breach of contract or of the duty of care… …   Wikipedia

  • Loss given default (LGD) — Loss Given Default or LGD is a common parameter in Risk Models and also a parameter used in the calculation of Economic Capital or Regulatory Capital under Basel II for a banking institution. This is an attribute of any exposure on bank s… …   Wikipedia

  • Loss of significance — is an undesirable effect in calculations using floating point arithmetic. It occurs when an operation on two numbers increases relative error substantially more than it increases absolute error, for example in subtracting two large and nearly… …   Wikipedia

  • loss — [ lɔs ] noun *** ▸ 1 no longer having something ▸ 2 having less than before ▸ 3 failure to win race etc. ▸ 4 money lost ▸ 5 death of someone ▸ 6 sadness from death/loss ▸ 7 disadvantage from loss ▸ + PHRASES 1. ) count or uncount the state of not …   Usage of the words and phrases in modern English

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”