Since 1991, Massachusetts workers who are hurt at work receive absolutely no specific compensation for purely scar based disfigurement unless the scarring is to the face, neck or hands. (See MGL c. 152, § 36(k)).

Think about that!

• If you’re a secretary working for a company all your life doing data entry and keyboarding at a computer and you develop carpal tunnel syndrome that requires surgery, you will receive absolutely no workers’ compensation specifically for the surgical scars to your wrist.
• If you’re a cook or kitchen worker and you suffer burns to your arms or chest, you will receive absolutely no workers’ compensation specifically for the burn scars to your arms and chest.
• If you’re a nurse or nurse assistant and you suffer a torn rotator cuff in your shoulder lifting a patent, you will receive absolutely no workers’ compensation specifically for the surgical scar to your shoulder.
• If you’re a construction work and you suffer a herniated disc in your back requiring back surgery, you will receive absolutely no workers’ compensation specifically for the surgical scar to your back.

This injustice was a result of the 1991 change to the Massachusetts workers’ comp law pushed by Republican Governor Bill Weld. Presumably, it was intended to cut costs for businesses to help create jobs. Who paid the price? Injured workers, who literally bear the scars on their bodies caused by injuries while they were simply doing their job, paid the price. This is a classic case of the little guy taking it on the chin for big business and big insurance special interests.

In addition to this injustice, the Massachusetts workers’ comp law limits benefits specifically for bodily disfigurement to $15,000. That is unjust and unfair to injured workers who suffer disfiguring injuries at work. The so-called “scarring and disfigurement cap” needs to be raised significantly or, better yet, eliminated entirely.

Many people are unaware of the current state of the Massachusetts workers’ comp law. I suspect that many legislators may be unaware as well. That’s a shame. It’s their job to protect the interest of their constituents who work may be hurt at work.

Maybe it’s just me. If the Massachusetts legislature can schedule an expedited hearing to push through a change to the law allowing the Governor to appoint an interim United States Senator in the wake of Senator Kennedy’s recent death, then shouldn’t they also fix the unfair provisions in the workers’ comp law denying just and fair compensation to workers who suffer disfiguring injuries?

Copyright © 2009 John J. Sheehan