There are many different jobs that put employees at risk for serious accidents. Workplace injuries can often leave workers disfigured with permanent scars. Victims who suffer from a disfiguring injury are forced to live with the physical damage, as well as with the emotional trauma from the accident. Operations to remove scars or other disfigurements can be very expensive, and often removal or treatment may be impossible.
Disfigurement Benefit Laws in Delaware
In Delaware, you can receive disfigurement benefits to pay for medical expenses and lost wages if you have suffered permanent scars or disfigurements. Employees who have been injured can file for disfigurement benefits a year after the accident or surgery.
Delaware law mandates that compensation for a disfigurement be set between 22 percent and 66 percent of the worker’s pre-injury wage. The amount and length of coverage depend on the disfiguring injury itself. Benefits can be paid for up to 250 weeks.
Types of Disfiguring Injuries Eligible for Compensation
Burns, scars, amputations, or injuries that force you to limp visibly are included under this benefit. Additionally, the law stipulates that the disfigurement must be visible and offensive when the body is normally clothed. For example, a severe scar on your abdomen may not count as a disfigurement, but there are exceptions. Specifically, scars on the arms, although they can be covered, can be a reason for reimbursement if the employee is embarrassed and feels he needs to be covered at all times.
Compensation will be determined based on the severity of the disfigurement. Larger scars or scars to the face or neck typically are deemed more traumatic.
If you or someone you love suffered a workplace injury that resulted in a permanent disfigurement, you may be entitled to compensation. Every case is different, so contact our experienced workers’ compensation law team to discuss yours.