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Archive for the ‘Scars & Disfigurement’ Category

Is Disfigurement Covered Under Workers’ Compensation?

February 14th, 2020 at 9:14 am

IL workers comp lawyer, Illinois job injury attorney Workers’ compensation is available for all eligible employees after a work accident. The benefits are to assist the employee with lost wages and medical bills. Injuries associated with workers’ compensation are often traumatic and life-changing. While this is also true for disfigurement cases, a person with a burn may be able to return to work quickly without issue. However, physical scars are lifelong and may be embarrassing.

Since it was officially instituted in Illinois law in 1912, Workers’ Compensation has been a resource for any employee who has been injured on the job. If a person cannot return to work after an accident within three days, benefit payments must begin. These payments are to assist an employee when they are not able to work and make money. Medical treatment for qualified injuries will also be covered by workers’ compensation.

For disfigurement to be compensated for, the scar must still be visible six months after the date of injury. Any scar can make a person feel self-conscious, but to receive benefits, it must be considered permanent and serious. Because scars and their impact are subjective, it is important to have an attorney experienced in cases of disfigurement.

A worker can get compensation for scars and disfigurement alone, but benefits for disability may also be collected. For example, if a construction worker broke a leg while falling and their face got cut up also in the process, the worker could also collect benefits for any permanent scarring. If the worker lost their leg, however, they would not be able to collect disfigurement benefits on the same leg.

For disfigurement, there are certain criteria to be met. To get workers’ compensation benefits for a scar, the disfigurement must be on a visual part of the body. Compensation will only be granted for scars on the face, hand, arm, neck, above the breast bone, and below the knee. If an injury left a scar on a worker’s torso, the worker could only collect benefits from medical attention needed in the area. The more visible and severe a scar, the more a person can be compensated. A scar on a person’s face is going to be worth more than a scar on an arm or leg. If a scar is large or raised, the potential benefits also go up.

Contact a Chicago Workers’ Compensation Attorney

Scars can occur from lacerations or burns, but no matter the circumstances, you deserve to be compensated for disfigurement that occurred while working. To find out if you have a case for disfigurement benefits, contact an experienced Cook County workers’ compensation attorney today. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=082003050K8

https://www2.illinois.gov/sites/iwcc/resources/Pages/faq.aspx

Workers’ Compensation Benefits for Scarring and Disfigurement

February 26th, 2016 at 6:51 pm

scarring, Chicago Workers' Compensation AttorneyWorkers’ compensation law is designed to protect workers who are hurt while on the job. Many benefits are geared towards replacing lost income from missed work. But, some injuries such as burns and scars leave workers able to complete their jobs, but take a terrible mental toll. These kinds of injuries are known as disfigurement and scarring injuries under the Illinois Workers’ Compensation Act and there are special considerations in getting compensated for them.

Types of Disfigurement and Scarring Injuries

Disfigurement and scarring represent a broad category of injuries under workers’ compensation law. Some of these injuries may totally or partially interfere with the execution of normal job duties, while others may not interfere with the worker’s job at all, but cause significant mental anguish.

Some common types of disfigurement and scarring injuries include:

  • Loss of a finger or toe;
  • Lacerations;
  • Burns;
  • Nerve damage to face;
  • Nerve damage that limits use of limbs;
  • Loss of a limb;
  • Loss of an eye or ear; and
  • Damage to the retina, cornea, or other parts of the eye.

The Claims Process

While there are strict reporting requirements that mandate a worker to report an accident to his or her employer as quickly as possible, a settlement for workers’ compensation benefits when dealing with disfigurement and scarring injuries does not typically take place until at least six months of healing has taken place. The amount of benefits awarded will depend on the location of the disfigurement or scarring, if the injury is permanent, the degree the injury interferes with bodily function, and the part of the body the disfigurement or scarring is located.

Because the law dealing with scarring and disfigurement injuries is complicated, it is important that you have an experienced workers’ compensation helping you negotiate your claim. Even though formal negotiations often do not start until six months after your injury, the sooner you involve a lawyer, the better prepared your case can be when it is time to discuss settlement. If you wait too long to process your claim, you may lose out on the right to get any benefits for your injuries.

Disfigurement and scarring benefits are usually paid out in lump-sum payments. Some cases, however, may require payments to be made over time.

If you have been involved in a workplace accident, you need to understand your rights. You should speak with a skilled and tough Illinois workers’ compensation lawyer right away. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation. You may only have a short time to take action.

 

Sources:

http://www.iwcc.il.gov/handbook020106.pdf

Scars, Disfigurement, and Workers’ Compensation

March 17th, 2014 at 12:30 pm

scars and disfigurementMany workers’ compensation injuries impact your physical ability to perform the tasks of your job, but scarring and disfigurement can bring up a whole new set of problems for you. After being injured in an accident that resulted in scars or disfigurement, you might physically be able to perform your job, but your life will be forever changed.

If you have been seriously scarred or disfigured in such an accident in Illinois, you should know that you may be entitled to 162 weeks of benefits under workers’ compensation. This applies to individuals with permanent disfigurement to the face, head, neck, chest above the armpits, leg below the knee, arm, or hand. Before a hearing can be held to determine the extent of the disfigurement, six months of healing must have taken place.

The Workers’ Compensation Commission evaluates the impact of the physical impairment and the influence of the disability on the employee’s life. Some of the factors commonly considered in these types of claims include pain, stiffness, the person’s age, the occupation, training, skill, and ability or inability to engage in certain activities.

A patient can be eligible for both permanent partial disability benefits and disfigurements, and you need to consult with an attorney to determine if this applies to you.

Scarring and disfigurement can take a toll on you physically and mentally. While you are hearing and struggling to adjust to your new life, financial difficulties can arise. Scarring and disfigurement cases can be extremely complex and it’s essential to have someone representing your interests.

Being a victim of an accident that leaves you with serious scars or disfigurement will change your outlook and your life significantly. You may be entitled to workers’ compensation benefits that will help you move on with your life. Learn more by contacting an Illinois workers’ compensation attorney today.

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