In Pennsylvania, workers who suffer scarring from a workplace injury can file a claim under the Workers' Compensation Act. The state's system treats scarring as a permanent, disfiguring injury that may entitle the claimant to permanent disability benefits, medical care, and, if the injury affects the ability to perform the job, a loss‑of‑wage allowance. Unlike temporary injuries, scarring is evaluated under the permanent disability schedule, which assigns a percentage of total disability based on the extent and impact of the scar.
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How Scarring Is Assessed
When a worker files a claim, the medical examiner assigns a permanent disability rating. This rating is a percentage of total disability, ranging from 1% to 100%. For scarring, the examiner considers factors such as size, location, visibility, and functional impairment. A visible scar on the face or hands may receive a higher rating than a less conspicuous one.
Typical Ratings for Common Scars
| Scar Location | Typical Rating | Impact |
|---|---|---|
| Facial | 10-25% | Disfigurement, possible psychological impact |
| Hands | 5-15% | Reduced grip, limited dexterity |
| Upper Body | 2-10% | Cosmetic concern, limited mobility |
Benefits Available for Scarring Claims
- Permanent Disability Benefits: Monthly payments based on the disability percentage and the worker's average weekly wage.
- Medical Benefits: Coverage for surgery, therapy, and ongoing care related to the scar.
- Loss‑of‑Wage Benefits: If the scar impedes job performance, a portion of lost wages may be paid.
- Rehabilitation Services: Physical therapy, occupational therapy, or counseling to aid recovery.
Documentation Needed to Prove Scarring
Compiling solid evidence is critical. The following items strengthen a claim:
- Photographs taken before and after the injury, showing scar progression.
- Medical reports detailing the injury, treatment, and prognosis.
- Expert testimony from a plastic or reconstructive surgeon, if the scar is severe.
- Employer statements confirming the injury occurred on the job.
- Witness statements from coworkers or supervisors.
Filing and Appeals Process
Claims must be filed within 90 days of the injury. After the initial decision, workers can appeal to the Workers' Compensation Appeals Board. Appeals should include new evidence or expert opinions that were not previously considered.
Common Pitfalls to Avoid
- Failing to document the scar's visibility or impact on daily life.
- Missing the 90‑day filing window.
- Accepting a low disability rating without contesting it.
When to Seek Legal Assistance
If the initial award does not reflect the severity of the scarring, or if the employer disputes the claim, hiring a workers' compensation attorney can help navigate the appeals process and negotiate a fair settlement. Attorneys experienced in Pennsylvania law can also assist in gathering expert testimony and ensuring all deadlines are met.