In Rhode Island, you are entitled to a separate benefit (i.e. payment) for permanent disfigurement, including but not limited to scarring you may have as the result of a work injury. The scarring or similar disfigurement doesn’t have to be the direct result of the injury or trauma itself. For example, if you undergo surgery as the result of your work injury and are left with a scar from the incision or arthroscopic portal wound, that will entitle you to payment of this benefit.
We consult for free with injured workers all the time about what their disfigurement might be worth, as the best way to know is to consult with an experienced workers compensation lawyers who handle scarring awards on a regular basis. The important thing to know right off the bat is that there is no set formula or methodology to tell you exactly what you will receive. It is somewhat subjective, meaning the value can vary depending on the person viewing the scar.
At the end of the day the simple answer is this: if you and your lawyer cannot come to an agreement with the workers’ compensation insurance company as to what the scarring award should be, you will have to go to court and have a Judge view the scar and set the award based on what he or she (subjectively) thinks.
It would not be controversial to say that different members of the workers’ compensation court may have different opinions on a particular scar’s value.
We handle scarring on a daily basis and have for years. We are tuned in to what the court is awarding for various forms of disfigurement in real time and can effectively negotiate the highest value for your scarring with a good chance of avoiding a court appearance at all. Moreover, from its inception, this firm has steadfastly refused to charge you a “percentage” of your scarring/disfigurement award the way some other firms do.
You will not pay us for this and we are happy to talk to you and explain how this works.