In Colorado, injured workers are entitled to benefits for disfigurement. Disfigurement takes many forms but commonly includes scarring and burns. Disfigurement benefits can be payable for injuries resulting in a limp, or other changes in your appearance that are caused by the injury. Generally, the disfigurement has to be to body parts normally exposed to public view. Disfigurement benefits are currently capped at $7,0898.24. However, there is a higher benefit, $14,173.97, for “extensive” disfigurement (e.g. scars/burns on face, stumps from loss of limb). Both figures are the max amount, not what is awardable in each case. A small surgical scar on a knee will only be worth a percentage of the max amount. Benefits amounts are adjusted regularly, the amounts in effect on your date of injury will apply.
In my experience, insurers don’t always pay these until requested. If you have disfigurement, send photos to your adjuster and request benefits. Try to negotiate a fair amount. If you receive a Final Admission of Liability (FAL) that does not admit for any disfigurement benefits, you need to object to the FAL and file an application for hearing for disfigurement benefits. A judge will view the disfigurement and issue an award that he or she thinks is appropriate based on the level of disfigurement.
If you need assistance determining your eligibility for disfigurement benefits, don’t hesitate to reach out. Call our office today at 970-506-3892 or send me an email to schedule a free case evaluation. We’re here to help you navigate the process and protect your rights.