What Are Workers’ Compensation Disfigurement Claims?

Understanding Workers’ Compensation Disfigurement Benefits

Most workers know that Pennsylvania workers’ compensation provides benefits for lost wages and medical treatment after a work injury. However, many injured workers are unaware that the law also provides compensation for certain permanent scars and disfigurements.

Unlike wage-loss benefits, disfigurement benefits do not require you to miss work. A worker may be entitled to compensation even if they return to work immediately after the injury.

These claims are commonly associated with:

• Burns
• Lacerations
• Facial injuries
• Workplace explosions
• Construction accidents
• Motor vehicle accidents
• Surgical scars from work-related injuries

What Qualifies as a Workers’ Compensation Disfigurement Claim?

To qualify for disfigurement benefits in Pennsylvania, the scar or disfigurement must generally be:

• Located on the head, face, or neck
• Serious and permanent
• Unsightly in appearance
• Not normally incident to the worker’s employment

All four requirements must typically be met before benefits can be awarded.

Head, Face, and Neck Disfigurement Requirements

Pennsylvania workers’ compensation law generally limits disfigurement benefits to scars and disfigurements affecting the head, face, or neck. Scars located below the collarbone are generally not compensable under Pennsylvania’s disfigurement provisions, although those injuries may still qualify for other workers’ compensation benefits.

Serious and Permanent Scarring

Not every scar qualifies for compensation. The scar or disfigurement must be permanent and significant enough to affect a person’s appearance. In many cases, a scar is not evaluated until sufficient time has passed to determine its long-term appearance. Because scars can continue to heal and fade over time, disfigurement claims are often delayed until the scar reaches maximum healing.

Can Surgical Scars Qualify for Benefits?

Yes. Workers in Pennsylvania may receive disfigurement benefits for surgical scars resulting from treatment of a work-related injury. For example, if a worker undergoes facial surgery following a workplace accident and is left with permanent scarring, they may be entitled to compensation even though the scar resulted from medical treatment rather than the accident itself.

How Much Are Disfigurement Benefits Worth?

Pennsylvania workers’ compensation law allows for up to 275 weeks of disfigurement benefits.

The amount received depends on:

• The worker’s average weekly wage
• The severity of the scar
• The location of the scar
• The visibility of the disfigurement
• The overall impact on appearance

Every case is different, and there is no set dollar value assigned to a particular scar.

How a Workers’ Compensation Judge Determines Benefits

A Workers’ Compensation Judge ultimately decides whether a worker is entitled to disfigurement benefits and how many weeks of compensation should be awarded.

The judge will typically evaluate:

• The size of the scar
• The visibility of the scar
• The location of the scar
• Whether the scar is permanent
• How noticeable the disfigurement appears

Generally, larger and more noticeable scars receive higher awards than minor scars that have little effect on appearance.

Why Disfigurement Claims Are Often Overlooked

Many injured workers focus on medical treatment and wage-loss benefits and do not realize they may also have a separate claim for permanent scarring. As a result, workers sometimes settle their cases or return to work without ever exploring whether they qualify for additional compensation through a disfigurement claim. Having an experienced Pennsylvania workers’ compensation attorney review your case can help ensure that all available benefits are considered.

Talk to a Pennsylvania Workers’ Compensation Lawyer

If you suffered permanent scarring to your head, face, or neck because of a work-related injury, you may be entitled to workers’ compensation disfigurement benefits in Pennsylvania. These benefits are separate from wage-loss and medical benefits and may be available even if you never missed time from work.

At Stern & Cohen, we help injured workers throughout Pennsylvania pursue all available workers’ compensation benefits, including disfigurement claims.

Contact Stern & Cohen today for a free consultation.

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