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Archive for the ‘scars’ tag

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

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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