While some injuries will heal completely with time, others leave an injured worker with permanent scarring and disfigurement. For these workers, getting medical care may not be enough; even if the worker can return to their job and doesn’t physically feel or suffer from the disfigurement, it can be psychologically limiting.
Workers’ compensation insurance is designed to compensate workers for the harm they suffer on the job. While benefits are traditionally thought of as providing compensation for medical benefits and lost wages, compensation for disfigurement is also available. For a free consultation with an experienced Virginia workers’ compensation attorney, call Hampton Injury Law Today.
Disfigurement is defined as the act of spoiling the surface or appearance of something. When it comes to the human body, scars, scabs, or other wounds are considered disfiguring. Many types of injuries can be disfiguring, including amputation injuries, burn injuries, serious laceration injuries, and other injuries resulting in scarring.
A worker who suffers a disfiguring injury in the state of Virginia has the right to be compensated for their harm. Under the workers’ compensation system, a worker is entitled to the full extent of necessary and reasonable medical expenses required. Further, they may also be able to recoup permanent loss benefits, as found under Code of Virginia Section 65.2-503. Under this section of code, the statute reads that “severely marked disfigurement of the body resulting from an injury…” that is not otherwise compensated per that section of code (i.e., loss of body parts are addressed in the statute) warrants an award that is equivalent to 66 ⅔ percent of the injured worker’s average weekly wage prior to the incident, and shall be paid for a time period not exceeding 60 weeks.
Many workers who suffer disfiguring injuries wonder whether or not they have the right to file a legal action against their employer to recover compensation for additional damages, such as compensation for pain and suffering. By virtue of the workers’ compensation system, however, lawsuits directly against one’s employer are prohibited. Workers may, however, bring forth a third-party liability suit against a third party whose negligence was the direct cause of the accident. This allows the worker to seek additional damages for their disfigurement and other non-economic losses.
A disfiguring injury can be hard to live with. If your injury occurred on the job, there is no doubt that you deserve to be fully compensated for the harm you’ve suffered. When you call Hampton Injury Law, Attorney Jan Hoen will begin working on your case immediately. Even if you are covered under workers’ compensation, this is not a guarantee that you will be offered the workers’ compensation settlement that you deserve. Claims are delayed, denied, or low-balled regularly; when you work with an attorney, you improve your chances of recovering the compensation you deserve.
To schedule a free consultation with our Virginia workers’ compensation lawyer, please call us today or send us an email to request your appointment.
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After months and months of frustration attempting to handle the logistics of my husband’s workers' compensation case, we sought legal counsel from Mr. Hoen’s firm. It was such a relief to have someone with such professionalism and knowledge take the…
Mr. Hoen and his staff have always shown the proper concern and professionalism with every aspect of my case. He has even gone as far as to communicate with me while he was at home or out on holiday. If…
Virginia workman’s comp lawyer Jan Hoen is prepared to fight to protect your legal rights. Contact Hampton Injury Law PLC as soon as possible after a work injury and allow attorney Jan Hoen to use his resources and experience to fight for you.
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