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Archive for the ‘disfigurement’ tag

Common Ways an Employee Can Be Disfigured at Work

March 30th, 2021 at 9:26 pm

works compEmployers and employees alike are responsible for taking safety precautions to prevent workplace accidents. However, even when all necessary measures are taken, injuries can still occur. Depending on the environment and job duties, there are various ways in which a worker can suffer a disfiguring injury while on the job. Disfigurement can affect many parts of the body, and it can lead to long-lasting scars as well as extensive rehabilitation. In many cases, Illinois workers are entitled to workers’ compensation benefits if they are disfigured at work.

Disfigurement Defined Per Illinois Law

According to the Illinois Supreme Court, disfigurement is defined as an impairment of a person’s appearance that is unusual. For instance, it can impact an individual’s beauty or the symmetry of his or her face or body. Under Illinois law, to be eligible for workers’ compensation, a disfigurement must be severe and permanent. In addition, it must be located on a visual part of the body, like the face, head, neck, hand, arm, or lower leg. However, a disfiguring injury to the rest of the body may not be eligible for compensation. It is important to note that if an accident caused the loss of a limb, the worker may not claim both disability and disfigurement benefits for that same body part.

Dangers on the Job

Working in certain fields or industries can increase the likelihood of accidents due to potential dangers. For example, some factory and construction jobs may involve operating large and heavy equipment. If a machine part malfunctions, an employee could get their hand stuck in it, resulting in deep cuts or lacerations. When toxic substances such as acid come in contact with a person, it can burn the skin. Similarly, explosions or electrocutions can cause third-degree burns or nerve damage. Erecting high-rise buildings may require workers to perform their duties using scaffolding, harnesses, or ladders. Falling from these items can cause serious head trauma or broken bones.
A few of the most common types of accidents that could result in disfigurement include:

  • Vehicle accidents (car, truck, tractor, forklift)
  • Falls from significant heights
  • Toxic chemical burns
  • Electrocution/Explosions
  • Falling objects (tools or other equipment)
  • Malfunctioning or defective power tools

Contact an Illinois Workers’ Compensation Attorney

Workplace accidents can result in serious to life-threatening injuries depending on the industry and circumstances. If you are disfigured after suffering a work injury, it can be physically and emotionally devastating. In many cases, financial relief may be obtained through workers’ compensation benefits. A renowned Chicago workplace injury attorney from the Law Offices of Francis J. Discipio can help you navigate this legal process of filing a claim. Call us today at 630-574-2288 to arrange a free and confidential consultation.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430

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

Can I Get Workers’ Compensation for Disfigurement From an Injury?

February 21st, 2019 at 10:34 am

Cook County workers' compensation attorney scarring disfigurementIf you are involved in an accident at work, particularly if you work in the manufacturing or construction industries, the results of your injuries may lead to permanent disfigurement or scarring. While the accident may not have taken your life, it can lead to costly rehabilitation and have a significant impact on you for years to come. A visible scar or any kind of disfigurement is emotionally traumatizing. You may be able to go back to work, but your day to day life will never be the same.

What Is Considered Disfigurement?

The Illinois Supreme Court determined that disfigurement is defined as an impairment of appearance that is unusual. It can affect the beauty of a person or the symmetry of their face or body.

If your disfigurement is from the result of an incident at work, you may be eligible for additional workers’ compensation. According to 820 ILCS 305/8, for a disfigurement to be eligible for workers’ compensation, it must be permanent, severe, and located on a reasonably visual part of your body, such as the face, neck, head, hand, arm, cheek, or leg below the knee. Disfigurement to the rest of your body may not be eligible for additional compensation. If an accident caused the loss of an arm or leg, you can not claim both disability and disfigurement benefits for the same body part.

The amount paid out will depend on the severity and location of the disfigurement. For example, a scar on your face is worth more than a scar on your arm or shin. Raised scars or other textured disfigurements are also worth more. A disfigurement to the face, when compared to a permanent superficial injury to a limb, can cause emotional trauma, depending on the severity of the injury. Whether or not the disfigurement interferes with daily tasks is also considered. A person with third or fourth degree burns on their hand may have difficulty using their hand normally.

The benefit rate for non-fatal injuries such as disfigurement is the same as for permanent partial disability benefits. Subject to the minimum and maximum recorded payouts for similar injuries or scenarios, the payout is 60% of a worker’s weekly paycheck. The maximum amount of time an employee can receive payout due to a disfigurement is 162 weeks.

Contact a Chicago Workers’ Compensation Attorney

Getting an injury at work that stays with you forever can be difficult to deal with, and it will serve as a permanent reminder of the pain you have suffered. Even if you are eventually able to return to work normally, you deserve compensation for costs of medical treatment and the emotional toll of your injury. Contact a Cook County workers’ comp lawyer to see if your case is eligible for compensation. Call our office at 630-574-2288 to schedule a free consultation.

Source:

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

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