Does Workers’ Comp Cover Scars & Disfigurement in Massachusetts?

Like any other injuries you might sustain while working in Massachusetts, those that cause scarring and disfigurement may yield Workers’ Compensation benefits that will help you cover your medical expenses and other damages as you physically recover.

Though some employees are able to return to work after getting reconstructive surgery and rehabilitative care, it is typically not after a long and arduous recovery process. During that time, Workers’ Compensation should pay weekly benefits that pay a portion of your missed income. If you can never work again because of the disfiguring injuries you suffered, you can get payments for lost wages indefinitely. Furthermore, in addition to getting all your medical expenses covered, you may get an extra one-time payment for the disfiguring injuries you suffered, such as limb loss or facial scarring.

For help with your case from our Boston Workers’ Compensation lawyers, call the Law Office of John J. Sheehan at (617) 925-6407.

Will Workers’ Comp Cover Scars and Disfigurement in Massachusetts?

Accidents that cause scarring or disfigurement may leave employees unable to resume their occupational duties for some time. Workers’ Compensation covers these types of injuries, and we can help employees navigate claims to ensure they get the appropriate benefits.

Disfiguring injuries, like major burns, limb loss, facial injuries, and others, are more common in some industries than others, like construction and manufacturing. For injuries to be covered, they must make workers miss five partial or full days of work. Furthermore, Workers’ Compensation carriers look at whether or not an employee was hurt while performing workplace responsibilities and if they intentionally caused their injuries or were under the influence of drugs or alcohol at the time. We do not have to prove anyone else’s fault to get Workers’ Compensation on your behalf, but you may have to answer some follow-up questions from the carrier about the accident, possible witnesses, and your injuries, which we can prepare you for.

Damages Workers’ Comp Covers for Scars and Disfigurement Massachusetts

When you seek Workers’ Compensation for scars and disfiguring injuries that impact your ability to work and support yourself, you should recover some of your lost wages and get reimbursed for all medical expenses you have paid so far, with the carrier covering all upcoming medical costs as well.

Lost Wages

Fires and explosions, particularly at construction sites, are the top causes of burn injuries for employees. This may cause serious lacerations and scarring that leaves workers eligible for temporary total incapacity benefits under Mass. Gen. Laws Ch. 152, § 34. Benefits would equate to 60% of your average weekly wage before the accident and would last for up to 156 weeks, which may be sufficient for you to heal from burn injuries and resume working.

Some disfiguring injuries might leave workers totally incapacitated and unable to ever return to work, like losing limbs in a major workplace accident. In these situations, Workers’ Compensation would pay two-thirds of your average weekly wage, and these payments can last indefinitely, according to § 34A.

While many disfiguring injuries require workers to not work at all for a considerable time, others might permit employees to return to work but at a lesser earning level as they recover. In this circumstance, you would get a portion of the difference between your previous wages and your current earning ability under § 35.

Medical Expenses

For scars or disfiguring injuries sustained while working that make you miss five full or partial days of work, Workers’ Compensation should cover all reasonable and necessary medical expenses. This is the case regardless of the type of compensation you receive for your lost income.

Disfiguring facial injuries may require reconstructive and plastic surgery, which can be extremely taxing and expensive. As can the rehabilitative treatment necessary for workers who have suffered limb loss during accidents, which might occur because of falls, motor vehicle accidents, and explosions. Burn injury victims may need skin grafts, which are also painful and come with long recovery times.

At the beginning of your case, our Massachusetts Workers’ Compensation lawyers can help you organize medical records detailing your initial treatment and confirmation of your injuries. Your employer’s Workers’ Compensation carrier will need this information when seeing if you should get benefits. When your claim is approved, you will get the necessary information to give your physicians so they can bill the Workers’ Compensation carrier directly for upcoming treatments to aid your physical recovery.

Can You Get Extra Money from Workers’ Comp for Scars and Disfigurement in Massachusetts?

Unfortunately, Workers’ Compensation does not provide damages for the intangible harms injured employees experience, like their physical pain and mental suffering. That said, Massachusetts does provide extra payments when workers sustain specific injuries. We can confirm if you qualify and make sure the Workers’ Compensation carrier pays the right amounts.

For bodily disfigurement, which includes scarring on the face, hands, or neck, claimants get an additional $15,000, according to § 36(k). For amputation or permanent and total loss of your major arm, you would get an extra payment equal to 43 times the state average weekly wage (SAWW) in Massachusetts. For loss of the minor arm, you would get 39 times the SAWW, and for loss of both arms, you would get 96 times the SAWW.

Similar amounts are paid to workers who lose their legs because of workplace accidents, and our attorneys can figure out your specific injury benefit amount if you have suffered permanent partial loss of use of a leg, foot, arm, or other body member.

We can make sure that you receive any extra amounts you are entitled to because of the permanent or substantially life-altering injuries you have sustained. Specific injury benefits are paid in addition to all other amounts you are entitled to and not in place of them. So, this should not impact the compensation you get for your lost wages or medical damages whatsoever.