A workers compensation claim can become more difficult when the injury report does not clearly explain when, where, and how the accident occurred. This is particularly important with hand, wrist, and finger injuries because pain, weakness, or loss of coordination may develop gradually after the initial event. An insurer may question whether the condition came […]
A workplace injury can leave a scar, burn, loss of tissue, dental change, or another lasting alteration in appearance. North Carolina workers’ compensation law addresses some of these injuries through disfigurement provisions, but not every visible mark qualifies for a separate award.
A permanent scar or visible change does not automatically produce a separate disfigurement payment; the injury must be matched to the correct part of G.S. 97-31 and documented after its lasting appearance can be evaluated.
Match the injury to the correct statutory category
G.S. 97-31 contains several permanent-injury categories. Subsection (21) addresses serious facial or head disfigurement. Subsection (22) addresses serious bodily disfigurement for which another subdivision does not provide compensation and excludes disfigurement resulting from a scheduled permanent loss or loss of use of the same member. Subsection (24) separately addresses loss of or permanent injury to an important organ or body part not compensated elsewhere in the schedule.
- Identify whether the lasting condition is on the face, head, or another part of the body
- Determine whether the same injury is already addressed as a scheduled loss or permanent loss of use
- Separate an appearance change from pain, numbness, restricted motion, dental function, organ injury, or inability to work
- Use the statutory version and benefit limits that apply to the date of injury rather than relying on an old dollar amount
Document the condition after healing
The lasting appearance may be difficult to evaluate while a wound is still closing, swelling is changing, treatment continues, or revision surgery is planned. Preserve the progression without assuming that a particular medical milestone automatically decides the legal issue.
- Dated photographs from consistent distances, angles, lighting, and scale, including the surrounding body area
- Emergency, surgical, dermatology, dental, plastic-surgery, rehabilitation, and follow-up records
- The provider’s description of location, size, color, texture, contour, tenderness, sensation, function, prognosis, and possible revision
- Prior photographs or records when a preexisting scar, skin condition, or earlier injury may affect the comparison
- A timeline showing the injury, procedures, complications, healing, return visits, and the date the current appearance was documented
Keep disfigurement separate from other benefit questions
A scar can exist alongside medical treatment, temporary disability, wage-loss evidence, or permanent functional impairment. Those issues require their own proof and statutory analysis. Conversely, a worker may have a visible scar without a ratable loss of function or continuing wage loss. The claim record should state which benefit is being requested and why.
The related North Carolina permanent-impairment guide explains scheduled loss-of-use ratings, Form 26A, wage-loss alternatives, and medical rights. This page owns the separate disfigurement analysis.
Prepare the value record without using a formula
G.S. 97-31 directs the Industrial Commission to award proper and equitable compensation within the applicable statutory limit. The provisions do not assign a universal price per inch of scar. Location, seriousness, permanence, visibility, surrounding tissue, treatment record, competing statutory categories, and the evidence presented can matter to the fact-specific determination.
Because benefit limits can change and the applicable statute can depend on the injury date, verify the current and date-specific text before evaluating an amount. Keep any proposed figure separate from medical expenses, disability payments, attorney fees, costs, credits, or other deductions.
Document any agreement and Commission approval
G.S. 97-82 requires an agreement concerning disfigurement under G.S. 97-31 to be incorporated into a memorandum of agreement, filed with the Industrial Commission, and approved. Preserve the signed agreement, medical and photographic support, filing record, approval order, payment calculation, and check history.
Rosensteel Fleishman Car Accident & Injury Lawyers provides information about consulting a Charlotte workers’ compensation attorney about a disfigurement claim. A useful review separates the lasting appearance, related function, other benefit categories, date-specific statute, and Commission record.
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