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Norfleet & Lafferty
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Toll Free 888-689-5016

Am I entitled to payment for my scarring and disfigurement?

Yes.  Scarring and disfigurement of the head, neck, or face, if serious, permanent, and unsightly, and not usually incident to the employment, is compensatied for a period of time not to exceed 275 weeks of benefits.  This award can be negotiated between the parties.  If the parties cannot agree upon the award amount, the Workers' Compensation Judge (WCJ) has the discretion to award benefits based upon a personal observation of a Claimant's facial and neck scars.  If the WCJ concludes that the scars are insufficient to produce an unslightly appearance, the WCJ may refuse to award an award.

It is important to realize that scarring may also be associated with treatment of the work injury.  Therefore, a Claimant with herniated discs in their neck, resulting in a cervical discectomy or fusion, may be entitled to a scarring award as a result of the surgery and the resulting scar.  A good description, on the record, of the length, width and appearance of any scar is the best way to maximize this award from a WCJ.  If a Claimant disagrees with the award mader by a WCJ, an appeal may be filed with the Workers' Compensation Appeal Board.

Frank Lafferty
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Frank focuses on Worker's Compensation and Injury cases

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