How to Get Paid for Scarring or Disfigurement After a Work Injury in Massachusetts
Posted by Agnelli Law on 05/19/2025Injured workers can sometimes get paid for scarring or disfigurement or other lasting losses from a work injury. Under Section 36 of the Massachusetts Workers’ Compensation Act, you may claim money for scarring or permanent disfigurement. Additionally, you can recover for permanent loss of use in an injured body part. For scar-based disfigurement, the scar must appear permanently on your face, neck, or hands; otherwise, no specific benefits apply. However, you may still claim for measurable atrophy, noticeable deformity, a limp, or permanent use of an orthopedic device.
How Do They Calculate Scarring or Disfigurement Benefits?
First, measure your scar’s length, width, and appearance (well-healed or discolored). Next, consult the Department of Industrial Accidents’ chart, which assigns a dollar amount per body part. The rates depend on the State Average Weekly Wage (SAWW) for the injury date—consequently, as of October 1, 2024, the SAWW is $1,829.13. Therefore, a two-inch by two-inch discolored scar on your hand yields:
2 × 2.5 × $1,829.13 = $9,145.65. Moreover, amputations also count as disfigurement under a similar chart. Unfortunately, Massachusetts caps all scarring and disfigurement payments at $15,000.
How Do They Calculate Loss-of-Function Benefits?
Similarly, loss-of-function benefits use a percentage factor applied to your body part and the SAWW. A doctor evaluates your permanent loss of use under AMA guidelines; then you multiply that percentage by the chart factor and the SAWW. For instance, a 20% loss in your right arm yields:
0.20 × 43 × $1,829.13 = $15,730.52.
What Happens Next?
After those calculations, your worker’s comp attorney files a claim with the Department of Industrial Accidents before you can claim money for scarring or disfigurement. Often, insurers initially deny the claim and then schedule their own medical exam. At the conciliation meeting, both parties discuss the results to reach an agreement. If conciliation fails, a judge reviews both experts’ reports and issues a final order.
Are Scarring/Permanent Disfigurement Benefits Taxable?
Finally, these “specific” scarring/permanent disfigurement benefits are not subject to income tax. You will not be taxed if you are paid for scarring or disfigurement from a work injury.
Do Attorneys Take a Fee?
Finally, Massachusetts law requires separate payment of attorneys’ fees and expenses. Your award never shrinks due to legal costs.
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