In Missouri, if an employee is seriously and permanently disfigured about the head, neck, hands or arms, The Workers’ Compensation Law allows either the division of workers’ compensation or the labor and industrial relations commission the discretion to allow additional compensation. The value of the compensation is capped at forty weeks pay and the division or the commission has the sole discretion to determine what is a just amount.
In Elliott v. James Patrick Hauling, Incorporated, the Missouri Court of Appeals considered the question of what constitutes “disfigurement”. Following Webster’s Third New International Dictionary, the Court held that an employee is considered disfigured if the employee is made less complete, perfect or beautiful in appearance or character by the injury in question, or lacks the symmetry of a complete person. Generally, an award of disfigurement by an administrative law judge who has personally viewed the disfigurement is unlikely to be disturbed on appeal. However, an appellate tribunal may be less inclined to adopt a deferential attitude, when, as is permitted by The Law with the consent of the employer and the employee, the disfigurement is demonstrated by photographic means.
If you were injured at work, you will likely have a right to workers compensation benefits. Consult an experienced workers compensation attorney today to hear about your recovery options!
Contact an Experienced Workers Compensation Lawyer
The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.
Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today