I had surgery on my shoulder as a result of an injury @ work and currently have a workers compensation case that is almost two years old. I'm also awaiting carpal tunnel surgery and left nerve neuroplasty as a result of the same work injury. Does the permanent scars left on my body as a result of the surgeries considered disfigurement for the purpose of compensation?
Scarring is only compensable if it is on the face, neck, or hands. You can get other compensation for disfigurement elsewhere on your body but it needs to be non-scar-based disfigurement.
You would no be entitled to the scar on your shoulder as it is not located on your face or hands.You may be entitled to compensation for permanent scarring resulting from the carpal tunnel surgery you will be having as that may be on part of your hand. You would also be entitled to compensation for any permanent loss of function of your shoulder, hand and any other body parts that were injured as a result of your work injury.
No. Under Massachusetts law you are not entitled to compensation for scars unless they are on your face, hand (as the hand is defined) or neck. However, you will at some point be entitled to loss of function, if you have any. On the CTS you may be entitled to compensation for scarring - depending on where the scar is. This is something that you should discuss with your attorney ASAP. If your attorney knows? There are other rights that you have with regrards to disfigurement as well . . . .
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