What happens if I suffered a permanent loss of function? Can I still recover workers’ compensation?

Sometimes in a workplace accident, a person won’t only be injured, but will also suffer a permanent loss of function, scarring, or disfigurement. A worker who experienced this type of injury will likely be able to recover additional workers’ compensation benefits. These types of cases are often very complicated, and the workers risk being taken advantage of by scrupulous insurance companies. Having a workers’ compensation lawyer on your side is advisable. 

Qualifying for Permanent Loss of Function

If you have been injured on the job and your injuries resulted in a permanent loss of bodily function, disfigurement, or scarring, additional benefits may be available. As a workers’ compensation lawyer might explain, these benefits are typically made in the form of a one time, lump sum payment. This payment is in addition to payments for medical care and lost wages. There are very specific injuries that qualify for these benefits, and these can be explained by a workers’ comp lawyer. 

  • Enucleation – The surgical removal of an eye that leaves the orbital contacts and muscles of the eye in place is known as enucleation. It might also refer to the loss of the use of an eye, or the loss of binocular vision that cannot be corrected. Enucleation may qualify as an additional benefit; however, calculating the amount is complicated and requires the diligence of a workers’ compensation lawyer.
  • Loss of Hearing – It may be possible to receive extra benefits if you have lost hearing in one or both ears. The amount available will depend on the extent of the hearing loss and whether it was one or both ears. 
  • Loss of a Limb – If you lost a limb, you may be able to receive additional benefits. What you can recover will depend on whether or not it was a dominant limb. Dominant limbs will likely give you access to a larger amount. If you lose more than one limb, the amount will be greater. 

The aforementioned are only a few examples of injuries that may enable you to recover additional benefits. It cannot be stressed enough that these types of cases are very complicated. Most states recommend claimants to speak with a workers’ compensation lawyer. It is common for cases involving a permanent disfigurement or loss of function to go through a conciliation process. 

It must be understood that claimants who do not have a legal advocate are on their side, or who are not familiar with the laws, are at a major disadvantage. This is because the workers’ compensation insurance company will have a legal team to defend their decision through each step of the process. This lawyer will know what they are doing and may intimidate or overwhelm you so much that you give into a low settlement. 

If you have lost your vision, your hearing, a limb, or another bodily function in a workplace injury, please call an attorney, like a workers’ comp attorney from Polsky, Shouldice, and Rosen, today.