If your work has the potential to put your health at risk of industrial accidents, always take every applicable precaution available to you. The horrific effects of an industrial accident are just not worth the risk. Unfortunately, even taking the best precautions is not always enough to protect yourself from accidents in large and collaborative industrial worksites.
For example, the last U.S. Bureau of Labor Statistics (BLS) report records over 2.6 million annual (2021) accidental injuries in the private industrial sector. Hundreds of thousands of workers injured in those accidents had no control over what happened to them.
Therefore, being injured and disfigured without making any mistakes whatsoever can leave victims with a sense of helplessness and despair. If you are reading this, chances are that you have found yourself in a similar predicament. Go through the following 5-step guide and it could potentially change your immediate situation for the better.
Give Yourself Some Time to Process the Practical Aspects
Disfigurement is a long-term and often permanent problem that only becomes obvious after a while. Anyone who has been maimed, burned, or injured in some other way at work will need immediate medical attention first. Scars take time to develop, and people need time to recover.
Someone who has suffered a traumatic disfiguring injury will also need time to fully process the immensity of their injuries. They will also need to consider the possible ramifications which those injuries are likely to have on their life from that point. Once they are ready, it’s time to consider your options, consult with medical and legal advisors, and plan a step-by-step approach towards recovery and compensation.
Get to Know the Legal Definition of Disfigurement
Any injury that brings about a negative and/or harmful physical change in the victim’s appearance and/or normal functioning qualifies as disfigurement under the law. Common examples of disfigurement include but are not limited to:
- Prominent scar tissue formation, aka scarring on the skin, especially the face.
- Partial or complete loss of limb(s), extremities, or any other body part.
- Partial or complete loss of vision, hearing, touch, taste, and/or smell.
- Partial or complete neurological paralysis.
- Partial or complete loss of motor functions.
It should be noted that in order to claim disfigurement compensation, it needs to be a permanent problem. However, you will still be able to claim workers’ compensation to pay for the injuries you suffered at work, irrespective of whether they turn into permanent disfigurements or not. As mentioned previously, it may take some time for an injury to also qualify as a permanent disfigurement. You will have a better legal understanding of your specific situation after a free consultation session with us.
Start Collecting and Saving All Your Medical Documents and Bills
If you are ever in any kind of accident, it is of the utmost importance that you always save every medical document and bill that’s generated during the course of the treatment. You will need them initially to file your insurance claims, but that’s not all. The more medical documents you have to back up your claims, the better your chances of receiving the proper amount from workers’ compensation.
If you are unable to work due to loss of a body part or physical function, you will need the medical documents to certify those claims as facts. If you have a case for workplace injury and disfigurement for which your employer is responsible, the medical test results, treatment procedures, and other medical information will once again strengthen and reinforce your personal injury and workplace disfigurement lawsuit against them.
The medical bills, on the other hand, will ensure that you receive full compensation for them. They will also serve as proof of the fact that you did indeed need the treatments that someone in your claimed position would need. Do not ever discard a single bill, even if it seems trivial to you. A complete claim that’s 100% supported by the corresponding invoice is a very strong claim with a high chance of success.
Don’t Guess Anything
Only attorneys and other qualified legal professionals have the knowledge necessary to confirm or negate disfigurement. Avoid guesswork and don’t rely on anyone’s opinion but that of your legal aid. For example, it is a common misconception that factory accidents that lead to burn injuries and maiming are the only ones that qualify for disfigurement claims.
In truth, absolutely any injury from any field of work can qualify as a disfigurement injury, provided that it meets the aforementioned definition. For example, a projectile injury at a construction site will also qualify as a disfigurement injury later, if it maimed or disfigured the victim. The same would be applicable for a crush injury at a packing plant or a warehouse if it leads to permanent disfigurement.
Seek Compensation for the Disfigurement
The problem with disfigurement is that it leaves a permanent mark on victims, irrespective of whether they can medically recover from the effects of the original injury or not. For example, one may recover from a chemical burn on the skin, but even the best plastic surgeon may not be able to help get rid of their scars completely. Then there is the fact that severely injured and disfigured workers generally do not have the money to even afford plastic surgery.
However, all that can start changing for the better with a single phone call. Our occupational injury attorneys at The Cassisi Law Firm specialize in fighting for the rights of injured and scarred workers. We will ensure that your workers’ compensation insurance claim is filed properly and processed within the shortest time possible.
If you have a valid case to demand further compensation from the party/parties responsible, we can help you to get the highest possible amount for all your suffering.
Call us now or at any time of your choosing for a free consultation and case estimation on (718) 441-5050.
You will also find our office doors open for you during work hours at: 10208 101st Ave Ozone Park, NY 11416.