Along with contributing to the physical discomfort caused by the accident or traumatic event, scarring and disfigurement may also create psychological, emotional, and long-term suffering. Some accident victims' disfigurement can have long-lasting emotional repercussions, hinder their ability to obtain employment, and diminish their quality of life.

Pennsylvania allows the filing of a claim for damages in cases where a negligent party is responsible. If their negligence caused scarring or disfigurement, you may have a valid claim for compensatory damages in a lawsuit against that party. Punitive damages may also be awarded in cases involving disfiguring scars and the responsible party demonstrating egregious misconduct in the commission of the incident that led to the scarring.

Personal injury is an area in which Brandon J. Broderick, Attorney at Law, possesses the expertise and experience to aid you in your claim. Our PA personal injury attorneys are prepared to assist you today.

What Types of Injuries Can Lead to Scarring and Disfigurement?

Disfiguring injuries and scarring can significantly affect the victim's life for many years to come. The healing process for skin that has been cut, burned, or otherwise damaged includes the formation of scars. A disfigurement refers to a substantial alteration to an individual's bodily appearance that is of a severe nature.

A person may sustain a disfiguring injury or develop scarring as a result of a traumatic event, such as a car accident.

Common workplace causes of disfigurement and scarring include, but are not limited to, the following:

• Explosion
• Chemical or electrical burns
• Falling objects
• Falls from heights
• Use of heavy machinery or tools

With the help of an experienced PA scars and disfigurement attorney, you can pursue the maximum amount of benefits that you are entitled to under the law if you have suffered scarring or disfigurement in the scope of your employment.

In Pennsylvania What Qualifies as “Scars"?

Your case must meet the following three requirements under Pennsylvania law to be eligible for compensation for scarring and disfigurement: 

• Permanence - A scar may be considered "permanent" if it remains visible or has not significantly faded six months after the traumatic event or accident. The determination of scar permanence is typically assigned to medical professionals.
  
  
• Unsightly - In order to be considered a "scar" for the purposes of workers' compensation benefits, scarring must be deemed "unsightly" by a judge, who will consider its location and size, among other factors.
  
  
• Permanence - In order to be entitled to benefits for scarring and disfigurement, your scar must be located on the face, neck, or head. Therefore, it is possible that scars located on the back, the upper body, the collarbone, or other body areas are not compensable.

For guidance on the potential compensation under Pennsylvania's workers' compensation law for your scarring or disfigurement, it is recommended to consult with an experienced PA personal injury attorney.  

Can I File a Workers’ Compensation Claim in Pennsylvania?

The process of filing a workers' compensation claim in Pennsylvania can seem daunting and complicated to many individuals. Fortunately, having the help of an attorney specializing in scars and disfigurement can instill confidence that you are proceeding in the right direction in seeking a favorable resolution to your case.

Obtaining workers' compensation typically requires the successful completion of the following steps:

• Receive the proper medical care - It is crucial to promptly seek medical attention following a traumatic incident that results in scarring or disfigurement. Explain to the doctor that the incident occurred on the job or during the carrying out of a task associated with the workplace.
  
  
• Report your accident and injury - There are strict rules in Pennsylvania regarding the notification of employers regarding work-related injuries and illnesses. Failure to file a timely report may result in the denial of workers' compensation benefits. Workers in Pennsylvania must file a report of workplace accidents within a period of 120 days from the incident date. The sooner you report your injury, however, the greater your chance of a favorable outcome.
  
  
• File a workers’ comp claim - Filing for workers' compensation benefits is the next step. To make sure that you receive fair compensation for your work-related disfigurement or scars, you may require the assistance of an experienced attorney in gathering all the necessary documentation and supporting evidence. 
  
  
• Attend all of your medical appointments and wait until you reach Maximum Medical Improvement (MMI) - Your employer's insurer might consider your absence at medical appointments following a workplace accident as grounds to deny or reduce the value of your workers' compensation claim. When possible, delaying the settlement of a claim until one reaches Maximum Medical Improvement (MMI) is the best course of action. MMI signifies a stage of recovery at which the injured party's medical condition is not expected to improve.

Section 306(c)(22) of the Pennsylvania Workers' Compensation Act defines compensable harm as “serious and permanent disfigurement of the head, neck, or face, of such a character as to produce an unsightly appearance, and such as is not usually incident to the employment," which is compensable regardless of whether there is or was any disability involved in the work injury. In addition to the determination of penalties, this is one of the few areas of the law in which a Workers' Compensation Judge (WCJ) has wide latitude in determining awards. For disfigurement, a WCJ may order payment of anywhere from zero to 275 weeks of benefits.

A PA workers’ compensation attorney at Brandon J. Broderick can assist you if you are filing a workers' compensation claim to receive compensation for scarring or disfigurement you received on the job or while performing a work-related activity. We will assist you through every step of the legal process.

What Factors Will Impact My Compensation for Scarring or Disfigurement?

Visible body parts, including the face, neck, and hands, are more likely to be viewed as harmful by a jury in terms of scarring or disfigurement than the stomach, back, or other clothing-covered areas.

Age and gender may also have an impact on compensation for accident-related scarring. Insurance adjusters and juries are more likely to believe that a young woman has suffered greater damage from scarring or disfigurement than a man would.

Significant scarring has the potential to render certain areas of skin stiff and unsightly, which can be detrimental to one's appearance. For instance, the presence of scar tissue at a joint may limit your mobility and alter your appearance due to the wider skin that covers that area. Additional complications of scarring include loss of nerve sensitivity, psychological and emotional distress, and other issues.

Intangible challenges may result from scarring or disfigurement of the most severe nature. Severe disfigurement may hinder a person's ability to get married, establish social connections, nurture a positive self-perception, and engage in a wide range of recreational activities.

A skilled personal injury lawyer will fight for the full amount of compensation to which you are entitled.

How Do I Document Scarring or Disfigurement?

Make sure that your doctor details in your medical records and notes any scars or disfigurements you've suffered, whether they are temporary or permanent. Your doctor should additionally document whether the scar or any other form of disfigurement restricts your range of motion. Medical records that document your injuries may provide proof for a claim for personal injury damages.

Putting value on a scar is an extremely difficult task. However, many Pennsylvania personal injury attorneys conduct a search of verdicts in a specific area to estimate the amount of compensation awarded by juries to victims with scars comparable to their clients. At times, in order to emphasize the significance of the scar, a plaintiff's attorney may employ a physician—not your treating physician—to provide an estimate of how much it would cost to remove or repair it.

Scarred After an Accident in Pennsylvania? Brandon J. Broderick is Available to Help You Today

Following a serious accident that has left you with extensive scarring and disfigurement, you require legal counsel who will promptly retrieve evidence and guide you toward a favorable resolution in your case. Contact the attorneys at Brandon J. Broderick if you are considering filing a workers' compensation claim to receive compensation for scarring or disfigurement suffered on the job or while performing work-related duties. They will assist you through every step of the legal process.

The personal injury attorneys at Brandon J. Broderick, Attorney at Law, will fight for justice for you, just as we have with all of our clients. Whether it be in a settlement or through trial, we will not stop until justice is served. We have several locations in Pennsylvania and are ready to help you today.

For a free consultation, contact us today and schedule an appointment.