Permanent Loss of Function, Scarring & Disfigurement Benefits
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Most injuries have a long-term impact. Thus, permanency comes in several forms, whether it's a knee injury that never heals completely, a scar, or even the loss of a limb. Workers Compensation in Massachusetts benefits workers who have lost an eye, a foot, a finger, or any body part. These benefits can be disability benefits, medical benefits, amongst others.
Almost every employer in Massachusetts is required to carry workers' compensation insurance. The workers' compensation scheme aims to compensate injured employees for missed wages, medical expenses, and other incidental costs incurred as a result of the accident. An employee who receives one of these injuries may be eligible for additional workers' compensation benefits under M.G.L. c.152, 36.
If you were hurt at work, get in touch with our Boston Workers Compensation attorneys at the Bellotti Law Group to understand your rights and explore your legal options.Pursuing Claims for Permanent Loss of Function, Scarring & Disfigurement Benefits in Massachusetts
You could have scarring or permanent disfigurement if you were injured at work. These are often among the most upsetting injuries a person can suffer. They have a physical effect on a victim, requiring multiple operations and rehabilitative treatment in some cases, but they can have a mental and emotional impact on the victim and his or her family.What Forms of Incidents Can Cause Scarring, Disfigurement, or Permanent Loss of Function?
The following common work-related accidents may result in permanent impairment, loss of function, scarring, and disfigurement:
- Explosions at work or fire caused at work
- Crane falls
- Defective Machinery or power machines
- Chemicals or other hazardous materials
If you were injured while performing job-related functions, you could be eligible for workers' compensation benefits. This form of insurance, which covers medical expenses associated with the accident, lost income, vocational rehabilitation, and other benefits, is required by the state for all employers. Wage benefits are determined by whether you were left with a partial disability, a temporary and complete disability, or a permanent and total disability as a result of the incident. They are compensated for a set period depending on the severity of the injury, though if the condition is permanent and you are unable to work, you may be eligible for wage compensation for the rest of your life.
In addition to these benefits, if you become permanently disfigured or scarred as a result of an accident, you might be entitled to financial compensation. An injured employee is entitled to compensation under the Massachusetts Workers' Compensation Law for particular types of harm, such as bodily disfigurement, loss of hearing, eyesight, or amputations. This is a one-time payment that is paid in addition to all workers' compensation benefits.Calculation of Benefits & Awards
Benefits for permanent loss of function and disfigurement are calculated by calculating the state's average weekly wage at the time of the accident by a factor determined by the severity of the injury. If a worker's dominant arm was severed as a result of the accident, he or she could collect an amount equal to the state's average weekly wage multiplied by 43. In most situations, whether the injury is to your face, neck, or hands, you would not be eligible for disfigurement benefits for a scar-based injury. You could be entitled to a one-time lump sum payment of up to $15,000 for these forms of scar-based injuries.
If the claimant has a permanent, temporary, or partial disability, permanent loss of function and disfigurement benefits are usually granted. An insurer can attempt to restrict your workers' compensation benefits by downplaying the seriousness of your injury, arguing that you only sustained a scar-based injury, or denying that your injury was caused by your job. You will have to appeal to the Department of Industrial Accidents if your application is dismissed. You'll need to prove that the injury was caused by your work, as well as medical proof of the degree and location of the disfigurement, including a summary of the scar and a percentage of function loss if any.
The injured employee would be expected to send multiple pieces of evidence, including a physician's report, to back up their claim. The disfigurement, its length, and width, if it causes discoloration, the amount of loss of function associated with the injury, and an estimation of the injury's expected period must all be described in the report. If the disfigurement is linked to a loss of function, an extra benefit award may be calculated.Hire a Massachusetts Workers' Compensation Attorney
Workers' compensation claims are complex. One mistake with filing the claim, evidence, or even mistakes as small as a typo, can lead to a denial of benefits. In some instances of a workplace accident, an injured worker may be entitled to a third party settlement. Unlike regular workers' compensation, workers' compensation settlements provides additional compensation for any pain and suffering associated with the injury. Talk to a lawyer to discuss your case and to review your legal options.
Bellotti Law Group P.C.'s expert workers' compensation lawyers in Massachusetts provide each client with the comprehensive and professional legal advice they deserve. Our Boston workers' compensation attorney is ready to assist you if you have suffered permanent disfigurement or loss of function as a result of a work-related injury. Call 617-225-2100 for free consultation today.