Permanent Loss of Function and Disfigurement Benefits

An employee who suffers a permanent loss of physical function and/or permanent disfigurement is entitled to additional payments from the insurance company. In order to qualify for such benefits, the insurance company typically requires proof in the form of a doctor's report stating the percentage of function lost, the relationship of such loss to the work injury and stating that the problem is permanent. The insurance company often requires the doctor to utilize the “American Medical Association Guides to the Evaluation of Permanent Impairment” in assessing the loss of function. Many insurance companies do not inform injured employees that they are entitled to these payments. It is often best to obtain the necessary doctor's opinion with the help of an attorney familiar with the Guidelines in order to maximize the amount of money recovered.

 Disfigurement benefits were strictly limited following the 1991 amendments to the workers’ compensation law. If the disfigurement is a scar, the scar must be visible on the face, neck or hands, for the employee to qualify for benefits. Benefits are paid at rates which correspond to the severity of the scarring. If the disfigurement is not a scar, but some other disfiguring condition (for example the derangement of a limb or joint) there is no requirement that the disfigurement be visible. Additional benefits may be due in the case of employees left with permanent limps due to their injury.

The benefit amounts payable for loss of function and disfigurement are often inadequate to properly compensate individuals for the consequences of their injury. However, the amounts due can be significant and this aspect of an employee's case should always be reviewed to make sure that an employee has received all of the benefits due under the law.

 

 

 

 

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