I have a compound pilon fracture with several scars including a skin graft.
Sorry for your terrible injury. The others are correct. Max scarring and disfigurement per claim is $45,000.00. Loss of use is separate. With injuries that complex, you should probably still get an attorney to help you out.
Just be careful. Some attorneys will attempt to charge you a percentage of your scar award. Do not agree to that arrangement. Most attorneys will agree to a counsel fee paid by the workers' comp insurer that does not reduce the amount you get by a single penny. That means you get free legal representation to help you assess your situation and do what is best.
Most of us on AVVO offer free consultations. Do some research, find someone you feel comfortable with and set up a meeting. You will be happy you did.
Sorry for your injury. A claim of that extent deserves a good workman's compensation attorney dedicated to get you the maximum award. If you already have one, they will be able to estimate the value of the scarring. If you don't have one, get one and they should be both be able to estimate the value of the scarring, and advocate for maximum award.
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1) Yes 45,000 max
2) No that does not cover loss of use, which is a separate benefit
The maximum scarring award is $45,000. Loss of use is a separate award based upon an impairment rating performed by a physician.
I think you need a little context to the answer that $45,000 is the maximum scarring benefit. So, just imagine that someone is burned or significantly scarred all over his/her body. That person would get the full $45,000. SO Judges, lawyers and adjusters use that fact and then rate scars based upon that concept. Often times, the amount you receive for a scar considers the length and width of the scar, the degree of the discoloration, the appearance of the scar and the location on the body. A scar on the face may be worth more than if that same scar was under one's arm or along someone's back. Along with the concept of a "scar", if there is an indentation where some tissue was removed may also be considered under scarring benefits. I would argue that a significant limp should be compensated as a scar.
Loss of use is a separate claim. Many people get confused by the name "loss of use". Loss of strength may not be compensation. There is an American Medical Association Guide Book that defines loss of use, and in layman's terms, it comes down to loss of motion. With a fracture near your ankle, an orthopedic doctor might measure the loss of motion in several plane concerning your ankle (and foot) movement.
If you do not already have a lawyer, seek out an experienced comp attorney to help you. You will not have to pay this lawyer from your pocket for negotiating scarring benefits or loss of use benefits.
Yes, the max on scaring is $45,000 or 500weeks times $90 per week, this an odd calculation and far too low in our modern world but none the less here we are, on loss of use the maximum is 312 weeks times $180 but you could never get such an award unless perhaps you were completely paralyzed. It only applies to the extremities which is another injustice since back impairment, neck impairment, etc do not apply...loss of use is a completely separate award than scarring or disfigurement...the 500 weeks of scarring and disfigurement is per claim..you have only 2 years from the date of end result to file for both...this usually translates to 2yrs and 6months...move quickly and call an attorney soon
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