Can I get workers’ compensation Permanent disability award for scaring?

| May 16, 2016 | Workers Compensation

Each workers’ compensation case has three parts. The first is to insure that the injured worker gets medical care for any injuries related to the on-the-job accident. Second, is to get temporary disability benefits for any loss time from work. The third and final part, is payment for any permanent disability that the worker suffers.

Scars and other disfigurements qualify for compensation if they meet certain criteria. If you have a non-surgical scar or other disfigurement that can be seen at least eight feet away and it is to your face, neck, head or other part of your body typically visible at work, it may qualify as a permanent disfigurement.

How much can I get paid for a scar or other disfigurement?

The maximum payment for a permanent scar resulting from an on the job injury is 50 weeks of your compensation rate. Your compensation rate is calculated as two-thirds of your average weekly wage.

Scaring is not payable if you also get other disability compensation.

Payment for your scar or disfigurement is not payable in addition to other disability compensation such as temporary total disability or permanent total disability unless the scar is keloidal ( a raided, knobby scar) or from serious burns.

Usually have to wait one year to see if the scaring is permanent.

The South Carolina Workers’ Compensation Commission usually does not award disfigurement benefits until one year from date of accident.

How and when the Commission compensates for scarring and other disfigurement can be difficult to understand. If you would like to speak with a lawyer regarding the possibility of compensation for scaring or disfigurement from your on-the-job accident, please call Venus Poe at (864) 963-0310 or click here to fill out an online case evaluation form.

The information you obtain in this article is not, nor is it intended to be, legal advice. You should not read this article to propose specific action or address specific circumstances, but only to give you a sense of general principles of law. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction in which you may have a case.