Is Disfigurement Covered Under Workers’ Compensation Benefits?
Workers’ Compensation benefits are available to employees who suffer work related injuries. Compensation is provided to cover the worker’s medical expenses and lost wages due to the work-related accident. In some cases, a work injury will leave permanent scarring or disfigurement, which in turn can have a lifetime effect on the emotional health of the victim. Workers’ Compensation benefits are also available to compensate victims for the pain and anguish associated with their disfigurement.
Causes of Disfigurement in Workplace Accidents
There are a variety of workplace accidents that can leave victims permanently scarred or disfigured. The most common causes of disfigurement include:
- Burns resulting from accidents with chemicals, electricity, and fires
- Severe cuts and lacerations
- Compound fractures
- Facial deformities resulting from soft tissue damage
The effects of permanent disfigurement persist long after victims recover physically from a workplace accident. The emotional pain from the scarring can cause irreparable damage to the quality of life the victim enjoyed before their accident.
Factors Considered in Claiming Workers’ Compensation Benefits for Disfigurement
There are several factors to consider when determining whether Workers’ Compensation benefits will be provided for scarring or disfigurement. These include:
- The scarring or disfigurement must be a direct result of a workplace accident or injury, or from medical procedures necessary to correct injuries related to the workplace accident.
- The scarring must be located on an area of the body that is visible, such as the face, neck, arms, legs, or head.
- Scarring affects the mobility or function of the body, including the arms, legs, neck, or face.
- Coverage for cosmetic surgery may be provided when scars or disfigurement are traumatic for the victim.
In some cases, Workers’ Compensation benefits may be initially denied. This does not mean that a worker will not receive benefits or compensation. A qualified Workers’ Compensation lawyer can appeal the initial denial and claim benefits to cover medical expenses and emotional trauma for the victim.
How Much Compensation is Available to Victims of Disfigurement?
Once an injured worker qualifies for Workers’ Compensation benefits for scarring or disfigurement, there are additional factors that will affect how much compensation they receive. The laws vary by state and depend on several different factors.
The injured worker’s compensation benefit is determined by their average weekly salary before the accident. A percentage of their wage will be paid for lost wages due to recovery time from the accident. The worker will also have their medical costs covered for all treatments relating to their injury and scarring, including emergency room visits, hospitalizations, surgery, doctor visits, prescription medication, physical therapy, and ongoing medical intervention.
Piscataway Workers’ Compensation Lawyers at the Law Offices of Harold J. Gerr Help Injured Workers Claim Benefits for Disfigurement
If you have been disfigured in a workplace accident, call the Piscataway Workers’ Compensation lawyers at the Law Offices of Harold J. Gerr at 877-249-4600, or 732-249-4600, or contact us online to schedule a free consultation today. Our Highland Park, New Jersey offices serve clients in New Brunswick, Somerset, Piscataway, Edison, South River, Sayreville, Metuchen, East Brunswick, South Plainfield, Fords, Middlesex, Old Bridge, Iselin, Bound Brook, Perth Amboy, and Colonia.