Disfigurement—a terrible consequence of work-related injury
The most ordinary day at work can turn into chaos, changing the life of an employee forever. An injury is bad enough. A permanent disfigurement resulting from that injury is even worse.
- A grinding wheel exploded, leaving a worker disfigured for life.
- A metal cleat dislodged from a “sailing ship” at a theme park, resulting in the death of a 34-year-old man and severe disfigurement of his wife’s face. The entertainment park in California paid $25 million to settle the case.
- An employee making a delivery to an agriculture business was attacked and bitten by watch dogs when he walked onto the premises. His arms and hands eventually healed, but his hands and face were permanently disfigured.
In terms of workers’ comp, disfigurement is defined as heavy scarring to the hands, neck, or face resulting from a work-related injury. Burns, lightning strikes, deep cuts, gunshot wounds, and amputations, are among the most common work-related sources of disfigurement. Other examples include babies who may be born disfigured, and diseases such as smallpox that can leave visible scars for a lifetime.
Studies show that in general people try to avoid those with disfigurements, who consequently are treated with less respect and trust than “normal” appearing workers. Disfigurement is considered to be a disability under the ADA, and most compensation programs cover disfigurement and includes it when the percent of total disability is calculated.
Since disfigured individuals often have full work capabilities, the employer may face a difficult choice when making work assignments. A worker who wears an eye patch to cover a missing eye may be welcome by guests and employees alike at the front desk while a person whose jaw is mostly missing may attract so much attention that a public position is out of the question.
There are no hard-and-fast rules, although you should realize that an employee may sue—and win—by claiming discrimination in hiring or firing on the basis of a disability. A national restaurant chain just paid out $34,000 to an employee who made such a charge.
In general, try to respect your disfigured employee’s desire to work by showing an accepting attitude yourself and by encouraging all employees to treat every worker with respect.
Copyright © by Griffith Publishing 2008
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THINKING POINTS
A Montana worker received $1,000 in compensation for a surgical scar on his neck after a work-related injury.
Making a scar less obvious often involves plastic surgery or other technology.
A worker suffered third degree burns over much of his body when paint fumes were ignited by another employee using a welding torch. Settlement: $2.65 million.
In Pennsylvania workers' comp will pay several weeks of work payments for every inch of scarring on the head, face, or neck.