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Compensation for Scars and Disfigurement: What Factors Are Considered?
Suffering a serious injury at work can leave more than just physical pain or temporary disability. In many cases, workers are left with lasting scars or visible disfigurement that affect not only their appearance but also their confidence, emotional well-being, and ability to work in certain fields.
Understanding how compensation for scars and disfigurement works is an important step toward pursuing the benefits you're owed. Here at the Law Offices of Slape and Howard, in Wichita, Kansas, we’re committed to helping injured workers pursue every benefit they're entitled to under Kansas workers compensation law.
Workers Compensation in Kansas
Before looking into the specifics of scarring and disfigurement, it's helpful to understand the basics of workers compensation. This no-fault insurance system is designed to provide financial support to workers who suffer job-related injuries or illnesses.
Learn how Kansas workers compensation handles scars and disfigurement claims, what factors matter, and how to pursue the benefits you may be owed.
Kansas workers compensation laws differ from those in other states in several important ways. One key difference is how scarring and disfigurement are treated. Unlike some states that offer a separate payout specifically for visible scars, Kansas typically factors disfigurement into the overall disability evaluation or treats it as a separate consideration based on its impact.
What Qualifies as Disfigurement or Scarring?
Not all scars or cosmetic changes qualify for additional compensation. To be considered for benefits, the disfigurement usually must be both permanent and visible. These characteristics help determine whether the injury is eligible for separate evaluation under Kansas workers compensation guidelines.
Some examples of qualifying scarring and disfigurement include:
Facial Scars Resulting From Burns, Lacerations, or Surgeries
Loss of Limbs or Partial Amputations
Burns That Leave Permanent Discoloration or Texture Changes
Visible Surgical Scars, Especially Those on the Face, Neck, or Hands
Disfigurement That Affects a Person’s Gait or Posture
It’s important to understand that the visibility and severity of the scar can significantly impact the compensation amount. A small scar on the leg might not lead to additional benefits, whereas a prominent facial scar likely would.
Factors That Influence Compensation for Scars and Disfigurement
Several factors are taken into account when determining compensation for permanent scarring or disfigurement. Kansas doesn’t use a fixed chart or formula for calculating these benefits, so awards can vary widely based on individual circumstances.
Here are the key factors that are usually considered:
Location of the scar or disfigurement: Facial scars are typically compensated at a higher rate than those on less visible areas like the torso or legs.
Size and prominence: Larger and more noticeable scars may result in higher compensation.
Color and texture: Discoloration, raised scars (keloids), or deep indentations can increase the likelihood of compensation.
Impact on employment: If the disfigurement affects your ability to perform job duties, particularly in industries like customer service, hospitality, or modeling, that can be factored into the evaluation.
Psychological and emotional effects: Anxiety, depression, or social withdrawal related to the injury may influence how the claim is viewed.
Age and overall appearance: Younger workers or those in appearance-based careers may receive different consideration than others.
These factors combine to give the judge or administrator a fuller picture of how the injury has affected your life and livelihood.
Transitioning From Injury to Evaluation
Once you've received treatment for your injury and your condition has stabilized, the next step is a medical evaluation. This process is essential for determining the full extent of your disability and whether additional compensation for scarring or disfigurement is appropriate.
The medical professional conducting the evaluation will assess not only your physical functionality but also the visibility and permanence of any disfigurement. Their report becomes a crucial piece of evidence in your workers compensation claim. It’s vital to be honest and thorough during this evaluation so your injuries are accurately documented.
How Compensation Is Awarded in Kansas
In Kansas, compensation for disfigurement is awarded on a case-by-case basis. There isn’t a fixed dollar amount or pre-set schedule. Instead, administrative law judges (ALJs) have discretion to determine what’s fair based on the evidence presented.
The process usually involves:
Medical Evaluations and Reports
Testimony About the Effect of the Disfigurement on Daily Life
Consideration of Employment Changes or Limitations
Review of Photographic Evidence or Visual Inspections
If the judge agrees that the disfigurement is significant and affects your ability to work or your emotional well-being, they may award a lump sum payment in addition to other benefits like wage loss or permanent impairment.
Transitional Challenges and Documentation
Documenting your injury properly can make a big difference in the outcome of your claim. From the moment the injury occurs, it’s important to track your medical visits, take photographs of visible scars, and maintain a journal detailing how the disfigurement has affected your life.
Documentation tips include:
Keep All Medical Records and Surgical Reports
Take Time-Stamped Photos Throughout the Healing Process
Request Statements From Medical Professionals About Permanence
Record Any Changes to Your Work Duties or Employment Status
Note Psychological Symptoms, Like Anxiety or Depression
All of this evidence can support your claim and help demonstrate the long-term impact of your injury. Reach out to one of our experienced attorneys for more information.
Working With a Kansas Workers Compensation Attorney
Because compensation for scarring and disfigurement is not promised and can be subjectively evaluated, having a knowledgeable advocate can make a significant difference. A Kansas workers compensation attorney can help you gather the right documentation, present a compelling case, and handle communications with your employer’s insurance company.
Attorneys can also help you understand the range of benefits available to you and make sure you’re not missing any opportunities for compensation. Since insurance carriers may try to downplay the significance of a scar or disfigurement, having someone who can push back with facts and legal information is incredibly valuable.
When to File and What Deadlines to Know
It’s important to act quickly if you believe you’re entitled to compensation for scarring or disfigurement. In Kansas, workers must report their injury to their employer within 20 days of the incident (or within 20 days of the date they sought treatment). Filing a claim too late can jeopardize your ability to receive any workers compensation benefits.
Additionally, make sure you:
Keep a Record of When and How You Reported the Injury
Follow Up on All Recommended Medical Treatments
Speak With an Attorney Before Signing Any Settlement Agreements
Timing and communication are key. Even a valid claim can be denied if paperwork is missing or deadlines are missed.
What If Your Claim Is Denied?
If your request for compensation for scars or disfigurement is denied, you still have options. Kansas law allows you to appeal a denied claim, and many workers have succeeded in reversing initial decisions through the appeals process.
Steps you can take if your claim is denied include:
Request a Hearing With the Kansas Division of Workers Compensation
Provide Additional Documentation or Professional Testimony
Submit Photographs or Witness Statements
Work With an Experienced Attorney to Strengthen Your Case
A denial isn’t the end of the road. With persistence and the right support, many injured workers have been able to secure fair compensation through appeals.
Reach Out Today
Scars and disfigurement from workplace injuries can be emotionally and financially challenging. They often last long after the initial injury has healed, and the effects can ripple through many areas of life. If you’ve been left with permanent scarring or visible disfigurement after a work-related injury, don’t assume your options are limited. Located in Wichita, Kansas, we serve clients throughout the state and can help you fight for the compensation you need. Contact us today.