Scarred or Permanently Disfigured?
Experienced Lafayette Personal Injury Lawyer Team Assisting Workers Hurt on the Job
Some workplace injuries can heal with the help of surgical care, rehabilitation and time away from work. Others last a lifetime. Workers’ compensation is intended to last until the worker reaches “maximum medical recovery,” but what if the injury never fully heals?
Our workers’ compensation attorneys can answer any question you have about what to do about on-the-job injuries. Personal injury lawyer Robert Martina used to work for a workers’ comp insurance company, so he knows how all sides of the process operate. We can guide you through the filing process from the beginning, or denials and appeals if you applied yourself, offering you the best chance of receiving fair benefits quickly.
If you were scarred or disfigured while working on an inland or offshore oil rig, Rusty Galloway has firsthand experience working on oil rigs. He keenly understands the industry, and he will investigate when project managers ignored regulations and allowed a serious accident to occur.
Can I Get Workers’ Comp for a Permanent Injury?
Louisiana workers’ comp law offers a separate award for injuries involving permanent scarring or disfigurement. These injuries often come along with more pain, more suffering and changes to your physical appearance, so additional benefits are only fair.
In most cases, injured workers can receive benefits for 100 weeks when scarring or disfigurement occurs, and these benefits expire after that time runs out. Additionally, you may qualify for an additional provision for scarring or disfigurement. If you suffered a catastrophic injury (such as loss of limb, a severe burn, quadriplegia or paraplegia), you may be entitled to a lump sum in addition to other benefits.
Do I Qualify for Any Other Benefits Due to Scarring and Disfigurement?
This all depends on how the OWCA classifies your injury. There are four types of disability benefits: Permanent Total Disability (PTD), Permanent Partial Disability (PPD), Temporary Total Disability (TTD) and Temporary Partial Disability (TPD).
In this case, scars and disfigurements, such as a loss of limb, are filed as permanent, since they will never truly heal. You can receive PPD for scarring injuries, even if you do not miss any work. The amount of wages you can receive depends on how much work you miss, if you return to work at the same company or if you can still perform the job you used to hold. If you cannot return to the same position, you may qualify for supplemental earnings benefits, or SUBs, which provide up to 90 percent of your original wages.
Receiving PTD benefits can be challenging. You must prove that you are basically incapable of performing any work for the rest of your life. The courts place a much higher threshold on people seeking PTD benefits, so you must be able to prove the extent of your disability. If you qualify, you can receive weekly benefits for the rest of your life, or until you can work again.