Can I Get Paid for Scarring From My Work Injury?

Posted by Joseph Agnelli Jr on 05/19/2025

In certain instances, injured workers may be entitled to be compensated for a scar and/or other permanent losses which result from their work injury.

Under Section 36 of the Massachusetts Workers’ Compensation Act, a person may be entitled to receive monies for scarring or disfigurement, and for permanent loss of use of the injured body part. This is referred to as “specific compensation”.

In order to collect payment for scarring (or “purely scar-based” disfigurement), the scar must be permanent and appear on the face, neck or hands. If the scar (including burns) is located on any other body part, no specific benefits will be paid.

However, there are other forms of “disfigurement” which are compensable under the law. If an individual has any measurable atrophy on the affected body part (that is loss of muscle tone), has noticeable disfigurement (deformity) on the body part, has a permanent limp, or requires the permanent use of some orthopedic device (such as a cane, walker, wheelchair, etc.), benefits would be due under Section 36.

How are scarring/disfigurement benefits calculated?

As noted above, if a scar is located on the face, neck or hands, the scar must be measured for length, width and appearance (is it well-healed or discolored). Once that is determined, reference is then made to a chart which is issued by the Department of Industrial Accidents.  Each of the above body parts is assigned a specific dollar amount depending on the size and appearance of the scar, as well as the date of the industrial injury. The rates are based on the annual State Average Weekly Wage (or SAWW), which is issued every October 1^st.

For example, the current SAWW (as of 10/1/2024) is $1,829.13. If a person has a two inch long, wide and discolored scar on their hand, the calculation would be figured as follows:

           2” x 2.5 (factor for wide, discolored scar) x $1, 829.13 (SAWW) = $9,145.65

Typically, scars on the face would provide higher payments due to their location.      

Also, amputations of a specific body part are also included as disfigurement in this section of the law. These are calculated per the specifically provided charts for such amputations, also using the SAWW in effect on the date of injury.

Unfortunately, there exists a statutory cap on how much disfigurement can be paid, regardless of the extent of one’s disfigurement, deformity or amputation. That cap is only $15,000.00. Thus, no more than $15,000.00 can be paid on any claim for disfigurement. This maximum has been in effect for well over 50 years.

How are permanent loss of function benefits calculated?

Similar to the way disfigurement benefits are calculated, payments for permanent loss of function (loss of use) are also figured by a specific chart provided by the Department of Industrial Accidents and which is derived from specific parts of Section 36 of the Workers’ Compensation Act.

Each bodily function, or body part, is assigned a particular dollar amount and is based on the percentage of loss of use and the SAWW in effect on the date of the industrial injury.

Typically, a medical evaluation is performed by an independent doctor who will assess the percentage of permanent loss of use in a particular body part, such as the leg, arm, hand, spine, etc. The specific percentage is determined by the doctor who will apply the AMA Guidelines for Permanent Impairment.

Once the doctor’s report is received, the specific charts are consulted and the percentage is applied to calculate the dollar amount to be claimed. As an example, using the same SAWW as stated above, to determine the amount due for 20% permanent loss of function of the right major arm, the calculation would be figured as follows:

.20 x 43 (factor for loss of function of right major arm) x $1,829.13 (SAWW) = $15,730.52

What will happen next? Will the Insurance Company pay that benefit right away?

Once there has been a thorough calculation of the specific benefits for either disfigurement and/or loss of function, the attorney will most likely file a claim with the Massachusetts Department of Industrial Accidents, by attaching a copy of the medical report and the detailed calculation breakdown.

Often, the insurer will not immediately agree to pay the amount claimed and will issue a written notice of denial. This does not mean that they will not pay any benefit but instead may disagree with the amount claimed. They will likely schedule an independent medical examination with one of their doctors who will perform a similar evaluation of the loss of function and any noticeable disfigurement.

Once the claim is filed, the Department of Industrial Accidents will schedule a conciliation meeting. At that proceeding, the parties will discuss the results of their respective medical opinions and will typically work towards resolving the matter by agreement.

On very rare occasions, the parties will not be able to reach an agreement at the conciliation level and the matter will be sent on to be scheduled before a judge. At that stage, a judge will typically issue an order, either adopting the employee’s or insurer’s medical expert’s opinion, or finding a “middle ground” amount to be reasonable.

Are these benefits taxable?

No. Just as the weekly compensation payments are non-taxable as income, these “specific” benefits are likewise not subject to income tax liability.

Does my attorney take a percentage of the money as a fee?

No. Massachusetts Workers’ Compensation Laws provide that attorneys’ fees for the prosecution of a successful claim for specific compensation benefits will be paid in addition to the amount to be paid to the injured worker. The attorney’s related expenses in pursuing the claim will also be paid separately and without deduction from the amount due to the client.

Related Articles

• Workers’ Compensation
• How to Get Paid for Scarring or Disfigurement After a Work Injury in Massachusetts
• Hurt on the Job? 1 important Reason Why You Can’t Sue