Scarring and Disfigurement Workers’ Compensation Claims

Helping Illinois Workers Recover Benefits for Permanent Work-Related Scars and Disfigurement

Injuries in certain Illinois workplaces can be incredibly severe. If you are seriously hurt while in the scope of your employment, you could suffer from permanent scars or disfigurement because of the accident. As an injured employee, you can seek scarring and disfigurement workers’ compensation benefits. 

At IL Work Injury Lawyer, we represent clients throughout the state from our office in Chicago. Our legal team can guide you through the claims process to secure numerous benefits, including lost wages, medical expenses, and compensation for the emotional effects of scarring or disfigurement. 

What Types of Work-Related Injuries Can Cause Scarring and Disfigurement?

While most workplace injuries are less severe and can lead to complete recoveries, others have more lasting effects. Here are some of the most common workplace injuries that can lead to scarring or disfigurement:

• Burns from chemicals, fire, or electrical hazards.
• Cuts or lacerations from tools, machinery, or broken glass.
• Crushing injuries causing visible deformity.
• Surgical scars from work-related injury treatment.
• Loss of limbs or body parts.

What Types of Permanent Scars Are Eligible for Benefits?

Even a small scar could play a role in the outcome of your workers’ compensation claim. Here are some types of scars that may be eligible for benefits:

• Hypertrophic – Raised scars that often appear red and form over the wound site, typically not growing beyond the damaged area
• Keloid – Keloid scars present as thickened scar tissue that extends beyond the boundaries of the initial wound, often appearing noticeably darker than the surrounding skin
• Contractures – These scars form a tightened layer of scar tissue that can restrict movement, typically associated with injuries with a severe loss of skin, such as burns

How Are Scarring and Disfigurement Benefits Calculated in Illinois?

Under the Illinois Workers’ Compensation Act (820 ILCS 305), you can receive workers’ compensation disfigurement benefits for up to 162 weeks for serious cases that affect the head, face, neck, chest above the axillary line, arms, or hands. 

These payments are typically calculated as a percentage of your average weekly wage (AWW). The AWW is calculated by adding up your total earnings from the 52 weeks leading up to the accident and dividing the total by 52. 

Is Facial Scarring Eligible for Higher Compensation?

Facial scarring often leads to higher settlements for injured workers. Primarily, this is due to the emotional effects of facial scarring and its impact on the victim’s quality of life. They may also suffer from mental health conditions like post-traumatic stress disorder, which can further elevate the payout. Our top-rated workers’ compensation lawyers in Chicagowill help you assess the impact of your scarring on a potential settlement. 

What Other Workers’ Comp Benefits Can Injured Workers Recover for Scarring or Disfigurement?

Workers’ compensation disfigurement benefits can be packaged along with other payments with a successful claim. You could receive scheduled loss benefits for a damaged hand due to decreased working capabilities, as well as disfigurement benefits for the emotional impact of the loss. 

These benefits may also coincide with other injuries suffered in the accident, even if they did not result in scarring. IL Work Injury Lawyer can help you navigate these complex variations for additional compensation. 

How Long Do I Have to File for Workers’ Comp Benefits in Illinois?

Under the Workers’ Compensation statute of limitations in Illinois, employees have three years from when the injury occurs or two years from the last benefit payment to file their claims, whichever is later. However, filing your claim sooner will make it easier for your workers’ compensation attorney to gather compelling evidence. 

What Evidence Do I Need to Support a Scarring or Disfigurement Workers’ Comp Claim?

To receive significant disability or scarring benefits, you must demonstrate the impact of the accident on your physical and emotional health. Here are some data points that will be necessary to improve your claim:

• Medical records and photographs documenting the injury progression
• Testimony from treating physicians, surgeons, and mental health experts
• Employer incident reports.
• Witness statements, if applicable.

What If My Employer’s Insurance Company Disputes My Claim?

Your employer’s insurance company will use various tactics to avoid a higher settlement. They may argue that the scar is not severe, that it is in a non-compensable area, or that it existed before the workplace accident. 

IL Work Injury Lawyer specializes in challenging these common defenses. We will secure additional medical testimony, photographic evidence, surveillance footage, and medical test results to prove the reality of your suffering. 

Can I File a Third-Party Claim Alongside Workers’ Compensation Disfigurement Benefits?

If a third party’s negligence caused your workplace injury, you can pursue an injury lawsuit alongside a workers’ compensation claim. Determining who is at fault for the accident, such as a defective product manufacturer or negligent contractor, will be key to securing a settlement for third-party liability. 

What Is the Average Workers’ Compensation Payout for Scarring or Disfigurement?

These cases have an average workers’ compensation settlement amount of $1.45 million, with a median value of $214,771. All settlements fall within the range of $10,000 to $37.09 million. Factors that will influence your payout include injury severity, insurance company limits, disability payments, and the extent of the scarring. 

In one case, a man named James was hurt at work when a light fixture fell on him while at a rigging site. He pursued a workers’ compensation claim to cover permanent disfigurement and quadriplegia, which was eventually settled for $5.6 million. This case was resolved in addition to successful third-party injury lawsuits against the light manufacturer. 

How IL Work Injury Lawyer Can Help

An experienced law firm can make all the difference in the outcome of your claim. Whether you were hurt by a negligent coworker, a property hazard, a malfunctioning piece of machinery, or chemical contact with exposed body parts, IL Work Injury Lawyer is prepared to fight for compensation. Our legal services include:

• Investigating the workplace accident
• Determining the liable party for injury lawsuits
• Evaluating the extent of permanent disfigurement and potential benefits
• Ensuring timely filing
• Calculating the correct AWW
• Negotiating with insurers for maximum benefits
• Presenting the case before the Illinois Workers’ Compensation Commission

Consult Our Law Firm

An attorney from the best work injury law firm in Chicago can help you recover compensation for wage loss, medical treatment, disfigurement, scarring, and other losses. These accidents can affect the rest of your life, so our goal is to ensure your financial future is secure.

IL Work Injury Lawyer operates on a contingency fee basis. This means you pay nothing unless we win your case. Since there are no upfront costs, our payment will only be deducted from a successful settlement once we win. Additionally, we offer a free consultation, allowing you to ask questions about your compensation chances. Our Chicago-based firm can serve clients throughout Illinois.

Contact us today to schedule your free case evaluation with a professional workers’ compensation attorney.