Burn Injury Settlements in Illinois Workers’ Comp: Scarring and Disfigurement Benefits
A burn injury settlement workers’ comp claim in Illinois can cover medical care, lost wages, and a separate payment for permanent scars. Disfigurement benefits can reach 162 weeks at 60 percent of your average weekly wage. The final amount depends on where the scar sits, how severe it is, and how well you document it.
Burns leave marks that outlast the medical bills. Illinois law recognizes that, but insurers still question the size of a scar, its location, and whether work caused it. Here is how the benefit works for burn injury workers’ compensation claims and what moves the number.
What Does a Burn Injury Settlement Cover?
Workers’ comp pays for treatment, lost income, and lasting loss. Fault does not matter, so a burn injury settlement workers’ comp case never depends on proving your employer was careless. Each benefit is calculated on its own.
A burn claim usually includes these parts:
- Medical care for surgery, skin grafts, and rehab. The medical care benefits page explains how treatment gets paid.
- Temporary total disability, which replaces part of your wages while you cannot work.
- Permanent partial disability, which pays for lasting loss of function. Read more about permanent partial disability benefits.
- Disfigurement, which is paid for visible scarring.
Illinois law limits when disfigurement benefits can be awarded alongside certain other benefits under Section 8(c). The benefits available depend on the type of injury and the applicable statutory provisions, so review how the rules apply to your claim before accepting a settlement.
How Does Illinois Value Scarring and Disfigurement?
Illinois pays disfigurement benefits for serious and permanent scars. The award can run up to 162 weeks at 60 percent of your average weekly wage. The Illinois Workers’ Compensation Commission decides how many weeks your scarring earns.
Under Section 8(c) of the Illinois Workers’ Compensation Act, disfigurement benefits may be available for serious and permanent scars on the head, face, neck, arms, hands, and legs below the knee, as well as the chest above the armpit line. Scars on other body areas may not qualify for this specific benefit. Illinois law also requires at least six months to pass after the injury before a hearing can be held to assess disfigurement. This allows time for the scar to heal and its lasting appearance to become clearer.
Here is a simple example. Say your average weekly wage is $1,000. Sixty percent is $600. An award of 50 weeks would equal $30,000. Real awards vary, and this math only shows the method.
The location, visibility, and lasting effects of a scar may influence the disfigurement award. Severe scarring can also affect daily activities and emotional well-being.
Which Burns Leave Compensable Scars?
Serious, permanent scars qualify. Deeper burns scar more often than surface burns. Chemical, thermal, and electrical burns can all leave lasting marks.
First-degree burns touch only the outer skin layer. Second-degree burns reach the dermis and cause blisters. Third-degree burns damage fat and muscle layers, and fourth-degree burns can reach the fascia and bone.
Doctors describe three common scar types:
- Hypertrophic scars are raised and red.
- Keloid scars spread past the edge of the wound.
- Contracture scars tighten the skin and can limit movement, which is common after severe burns.
Surgical scars from treating a work injury can count too. Contact with live wires is a frequent cause, and our page on electrical injury claims covers that path.
What Is a Typical Burn Injury Settlement Workers’ Comp Payout?
No standard payout exists. Published figures for scarring and disfigurement claims show an average of $1.45 million and a median of $214,771. The gap tells you a few very large cases pull the average up.
Several factors move a burn injury settlement workers’ comp result:
- Scar location, especially the face and hands
- Burn depth and the number of surgeries
- Ongoing medical needs
- Whether you can return to your old job
- Emotional effects of the injury
For the wider picture, see work injury settlements in Illinois.
Can You Also Pursue a Third-Party Claim?
Yes, in some cases. If someone other than your employer caused the burn, you may file a separate injury claim next to your burn injury settlement workers’ comp case. Equipment makers, chemical suppliers, and negligent contractors are common targets.
A gas buildup during repairs, for example, can point to more than one responsible party. Our guide to welding accident claims shows how those cases work.
What Evidence Strengthens a Scarring Claim?
Photos and medical records carry the most weight. Doctor testimony and incident reports back them up. Start collecting on day one, even before treatment ends.
- Dated photos from the first day through healing
- Reports from treating physicians and surgeons
- The employer’s incident report
- Witness statements
Expect pushback. Insurers often argue the scar is minor, sits in a non-covered area, or existed before the accident. Dated photos and clear medical notes answer all three. Scars keep changing as they heal, so photograph each stage.
What Deadlines Apply to a Burn Claim?
Tell your employer within 45 days. File your claim within three years of the accident, or two years after your last benefit payment, whichever is later. Section 6 of the Act sets both rules.
Do not wait for the scar to settle. Review the statute of limitations for Illinois workers’ comp and file early.
Burn Injury Settlement FAQs
It depends on severity, location, and your wage. Disfigurement pays up to 162 weeks at 60 percent of average weekly wage. No fixed dollar value exists.
Yes, it can. Surgical scars from treating a work-related burn may qualify. The scar must still be serious and permanent.
Illinois law covers disfigurement of the head, face, neck, arms, hands, legs below the knee, and upper chest. Other scars may not qualify under Section 8(c).
Yes, in some cases. Workers’ comp is the main remedy, but a negligent manufacturer or contractor can face a separate claim for the same burn.
Tell your employer within 45 days of the accident. File your claim within three years of the injury or two years after the last payment.
What Should You Do Next?
Report the injury, photograph every scar, and get your claim reviewed before an offer arrives. IL Work Injury Lawyer offers free consultations and works on a contingency fee basis, so you owe nothing unless your case recovers compensation. Contact us today to talk about your burn injury settlement workers’ comp claim.
Legally Reviewed By
Attorney Jonathan Rosenfeld
Content legally reviewed by Jonathan Rosenfeld The information on this page has been legally reviewed by Attorney Jonathan Rosenfeld, founder and managing partner of Rosenfeld Injury Lawyers LLC. With extensive experience representing injured workers across Illinois, Mr. Rosenfeld is dedicated to helping workplace accident victims pursue the maximum compensation available under the law. His extensive legal knowledge and commitment to client advocacy ensure that the information provided is accurate, reliable, and aligned with current legal standards.