The law only states that a scar derived from a work-related injury has to be “serious and permanent” to be compensated.
A work-related injury can result in lost wages, isolation, pain, uncomfortable and expensive doctor visits, medical bills, and emotional issues, such as anxiety or depression. If the accident was severe, then the worker may also have to deal with scars and disfigurement and the secondary mental issues that derive from their wounds.
Only someone who went through this type of trauma can fully understand the difficulties that one has to face after a scarring injury. To make matters worse, depending on the situation, scars and disfigurements aren’t always covered by workers compensation on the basis that they are not debilitating in any way.
If you are worried that your workers compensation claim won’t cover your scars and disfigurement, just know that there is definitely hope. If certain criteria are met, then your employer will be liable for your scars and injuries. Contact a St. Louis work injury attorney so that they can advise you on your best legal options.
Workers Compensation for Scars or Disfigurement in Missouri
If you were employed in the state of Missouri at the time of your injury, you can claim your workers compensation by Missouri law. The maximum benefit you can receive for scars and disfigurement is 40 weeks, depending on how serious the injury is.
So what makes a scar serious enough to be considered eligible for workers compensation claim? The law only states that a scar derived from a work-related injury has to be “serious and permanent” to be compensated.
First of all, you can only receive workers compensation benefits for certain areas of your body. Previously, it was granted for those who suffered from scarring on exposed parts of the body (face, neck, hands, forearms). Now it has extended to the full arms, but it still doesn’t cover any scarring that you may have.
Second, your scarring needs to be serious enough and to have permanence. How can you determine that? There are certain conditions that make a scar serious: it takes someone less than 15 seconds to notice it without having to step into bright light. It also depends on the size of it – a scar that is too small might not be taken seriously.
Third, the court considers the scar’s permanence when assessing the damage claim. Of course, one would argue that any scar tissue is permanent, as you will never get your previous tissue back, but it takes special medical evaluation to determine “how” permanent your scar is.
Compensation for Your Injury Claim
If you have been injured at work and have been left disfigured or have a serious scar as a result, contact the Law Office of James M. Hoffmann. For more than 20 years we have helped injured workers receive the benefits they need and deserve.
Based in St. Louis, and handling workers compensation and personal injury cases throughout the State of Missouri, our law firm will ensure that your rights are protected. Please call (314) 361-4300 or contact us online to request a free consultation. All communications are returned promptly.