Can I get money for scars, or loss of function?

Yes. In Massachusetts workers’ compensation cases, you may be entitled to additional compensation for scarring, disfigurement, or permanent loss of function under Section 36 of the Workers’ Compensation Act.

Section 36 benefits are separate from your weekly checks (Section 34 or Section 35) and are paid as a one-time payment. These benefits are designed to compensate you for the permanent impact of your injury, not your lost wages.

There are two primary categories:

1. Scarring and Disfigurement
If your work injury results in a visible scar (on the face, neck, or hands) or other disfigurement you may be entitled to compensation. The amount depends on factors such as the size, location, and visibility of the scar. Surgical scars can qualify, and in some cases, multiple scars may be evaluated together.

2. Loss of Function
If you suffer a permanent loss of use or impairment to a body part (for example, reduced range of motion in a shoulder, loss of strength in a hand, or limited function in a knee), you may receive compensation based on a statutory schedule. The more significant the impairment, the higher the award.

It is important to understand that Section 36 claims are based on permanency. This means your condition must have reached a point where it is not expected to significantly improve, often referred to as a “medical end result.” A physician’s opinion is required to establish both the existence and extent of permanent impairment.

Also, unlike many other aspects of a workers’ compensation claim, Section 36 benefits are often negotiated or litigated separately and can sometimes be resolved even if your main case is still ongoing, or used strategically as part of a lump sum settlement.

The bottom line: if your work injury has left you with permanent scarring or loss of function, you may be entitled to additional compensation beyond your weekly benefits. These claims are frequently overlooked, but they can add significant value to your case when properly pursued.