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Workers Comp Scarring – Disfigurement – Mutilation

workers comp scarring disfigurement

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Maryland Workers Comp Scarring Disfigurement Mutilation

THIS WEBSITE IS THE PRODUCT OF A WORKERS COMPENSATION ATTORNEY AND IS NOT AFFILIATED WITH  ANY WORKERS COMPENSATION INSURER.  FURTHER IT IS NOT AFFILIATED WITH THE STATE OF MARYLAND NOR ANY GOVERNMENT ENTITY WITHIN THE STATE OF MARYLAND.  Information contained herein is provided for informational purposes and expresses opinions and information best known at the time it was written.  This information and does not create an attorney to client representation.

 

Maryland workers comp laws allow injured workers to recover compensation from an injury that results in a scar, disfigurement, or mutilation.  Specifically, Labor & Employment Article § 9-627(i)  (1)For mutilations and disfigurements not provided for in this section, the Commission may award compensation for up to 156 weeks. (2) In making an award under paragraph (1) of this subsection, the Commission shall consider the character of the mutilation or disfigurement as compared with mutilation and disfigurement specifically provided for in this section.

For most, this is legal gibberish.  In ordinary terms, if the accident results in the amputation of a leg, arm, hand, foot, finger or toe then this specific section does not apply, however if the incident results in scarring, mutilation or disfigurement of these appendages the Commission can award anywhere from 1 week to 156 weeks of compensation.  For weekly rates and how they are determined see this workers comp settlement page.

 

For a consultation call workers compensation and personal injury attorney Andrew M. Rodabaugh now at  Call UsClick to email  or Fill out the Form below

 

What type of workers comp scarring, mutilation, or disfigurement cases are there?

Scarring and disfigurement can result from many different work injuries however there are a few injury scenarios that are a bit more common.

  • Animal attacks- Scarring often is the result of an animal bite wound, scratch wound, or attack.  Veterinarians and veterinary technicians are among those often scarred or disfigured by the aggressive act of an animal and result in workers comp scarring compensation.  Postal workers and delivery men and women are often the subjects of bits and attacks by animals.  Not quite as common are those in the public safety sector that are scarred or disfigured as the result of an animal bite, scratch, or attack.  This includes firemen, police officers, and paramedics.
  • Chemical burns-  Scarring and disfigurement can result from exposure to a hazardous chemical such as those used for cleaning of industrial cooking appliances, or those used to clean cement pools or concrete walkways.  Maintenance workers and cleaning company personnel often see an increased risk for chemical burns.  In many cases chemicals can result in significant workers comp scarring.
  • Burns from fires- Firemen and paramedics are certainly at risk of sustaining burns from fires.  Those in the restaurant industry are also susceptible to burns.  This includes the cooks, chefs, waitresses, waiters, and restaurant staff.  In some cases very serious scarring and disfigurement can take place in these work place accidents.
  • Surgery scars- While surgery scars are becoming less noticeable with the increase in technology and ability to perform arthroscopic or port surgeries, often those that undergo surgery are left with some scarring.  Obtaining workers compensation benefits for scarring after surgery SHOULD NOT be pursued until speaking with a well rehearsed workers compensation attorney because other workers compensation benefits could be largely affected.
  • Infection scars- minor scrapes and cuts, when infected can result in permanent disfigurement and scarring.

How much money can I recover from workers comp scarring disfigurement or mutilation?

The amount of money an injured worker can recover from a scar, disfigurement, or mutilation will largely vary for each person depending on many factors.  

What is the occupation of the injured worker and how does the scarring affect their ability to work?  A hand model whom sustained a cut and subsequent scarring to their hand will recover far more than the construction worker with the same exact scar.  

How, if at all, does the scarring affect the persons ability to use that particular appendage?  Scarring and disfigurement on a persons joint that causes stiffness and flexibility may result in a higher workers compensation benefits than the same size scar on a non joint body part.

Is the scarring noticeable?  Larger scars and disfigurement usually lead to more compensation than smaller scars however in some instances this is not the case.  For example: a 3 inch scar on the bottom of someones foot may not lead to the same amount of compensation for a 1 inch scar on someones face.  Also, a scar that is usually covered up with clothing may not lead to the same compensation as one that is usually not covered up such as on the face, neck or hands.  Skin complexion may also play a roll in the amount of compensation awarded.

Is it worth filing a workers comp scarring claim for a little scar or disfigurement?

For many, a small scar as a result of a work accident may not seem worth filing for a workers compensation claim and going through the process.  Often they are right.  However, in most cases it is worth contacting an attorney to discuss first.  After all the call is free.  

A minor scar may be just that, minor.  However, there is also some other legal reasons to file a claim for such a seemingly minor injury.  To protect someones rights in the event they need treatment in the future.  Sometimes a seemingly minor workers comp scar can later materialize into something that is not so minor.  

In a recent case, a scar materialized into an abscess and required surgery years later to remove the painful bump.  Workers comp paid for a plastic surgeon to perform the surgery and remove the abscess.  

Can I recover money for workers comp scarring that was the result of a surgery under a workers comp case?

Yes, but it is usually not in the best interest to pursue workers comp scarring compensation because substantially more compensation can be obtained by filing for what is referred to as permanency.  Surgery cases often lead to some permanent restrictions such as loss of motion, occasional pain, or loss of strength.  All of these restrictions lead to compensation for the injured worker by way of permanency however an injured worker can not get both permanency and workers comp scarring payments!

 

Workers comp lawyers provide Free Consultations.  If you would like to speak with attorney Andrew M. Rodabaugh    Call Us,  Click to email  or fill out the contact form below!

 

Mr. Rodabaugh is a valuable asset to his community.  His continuing dedication to the law and his clients is admirable.
Adam SPersonal Injury Attorney

 

 

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Workers Comp Scarring Disfigurement Mutilation
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Workers Comp Scarring Disfigurement Mutilation
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Workers Comp scarring may result in significant compensation. Sometimes the alternative permanency award is more compensation and advisable over workers comp disfigurement. Injured workers that sustain scarring, disfigurement, or mutilation should consult a workers compensation lawyer.
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Work Injury Maryland
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