Legal Question in Workers Comp in Pennsylvania

In Pennsylvania, a scar of the head, face or neck is indeed compensable as a lump sum.

Your award will be made by a Workers' Comp Judge (WCJ) or the appeal board (WCAB). The more unsightly the scar, the higher the award. First thing your lawyer will do is measure the feature in centimeters.

I hire a professional photographer to document the injury in black and white and color photos, Assemble any related medical reports and File a Claim Petition. Your lawyer will request the statutory 20 per cent fee.

This scar is compensable whether created by trauma itself or surgery (such as neck surgery from a cervical microdiscectomy) to fix a work-related injury.

The Judge or board Commissioner(s) will express the scar in a number of "weeks" and then multiply That number by your Workers' Comp Rate (typically 2/3ds of your pre-tax weekly earnings) to arrive at your Award.

Good Luck.

TV

Yes. The Work Comp Judge determines the value. You may be able to do it w/o an atty and save the fee! Call if you want to discuss.

Richard Senker 1 866 AUTOCRASH (toll free)

Among the benefits provided by the workers' compensation act is a monetary award for disfigurement of the head face or neck. The award is based upon the severity of the scarring and can be anywhere from 0-275 weeks of compensation at your benefit rate. the scarring need not be directly caused by the accident. In other words, if you require a surgical procedure and that procedure causes you to have a surgical scar, it is compensable if the scar is above the collar bone.

It is possible to negotiate a settlement directly with the insurance company but my experience is that the carrier will not offer a reasonable sum if you are unrepresented because they know that you are not aware of the value of your case. Because of that, I highly recommend that you obtain counsel to negotiate on your behalf. Please feel free to contact my office to discuss the matter and obtain a free consultation.