Surgical Scars Qualify for Workers’ Compensation Disfigurement Benefit
Posted On Behalf of Schmidt Kramer Injury Lawyers on Feb 13, 2013 in Workers' Compensation
Pennsylvania employers carry workers’ compensation insurance to cover employees who become sick or injured on the job. This insurance provides timely financial assistance to injured workers in the form of medical and wage replacement benefits. Pennsylvania workers’ compensation law clearly details some benefits, such as specific loss benefits, which are paid to a worker who suffers an amputation or loss of use of a specific body part. The law also lays out a disfigurement benefit, which is paid to a worker who suffers permanent disfigurement of the neck, face, or head.
Disfigurement benefits are awarded based on the discretion of a Pennsylvania workers’ compensation judge and may be awarded for up to 275 weeks at a rate of two-thirds of the worker’s pre-injury average weekly wage. The judge will make a ruling on how many weeks of benefit to award after personally observing the scar and taking into consideration the size, location, and severity, as well as the gender and age of the injured party.
A Lancaster workers’ compensation judge may find that a scar is unsightly if it is obvious from a few feet away. Scars resulting from surgical incisions made necessary by a work-related accident are eligible for the disfigurement benefit. For example, a worker who suffered a neck injury that required cervical disc surgery may be left with an unsightly scar on the neck that is eligible for a disfigurement benefit.
If you have suffered an unsightly surgical scar resulting from a serious injury at work, you may be eligible for the Pennsylvania workers’ compensation disfigurement benefit. Contact a Lancaster workers’ compensation attorney at Schmidt Kramer today at 888-476-0807 for a no-obligation case review to help you understand the benefits you are due. You may also wish to download a copy of our book Who Pays the Bills When You Are Injured at Work? for more information.