Creating fairness in workers' compensation disfigurement benefits
The proposed changes to Section 36 of Chapter 152 of the General Laws will replace the fixed sum of fifteen thousand dollars for disfigurement benefits with a variable amount that corresponds to the average wage multiplied by thirty. This adjustment is intended to ensure that workers receive compensation that reflects the current economic landscape, thereby increasing the financial support available for those who suffer disfigurements due to workplace incidents.
House Bill 2105, titled 'An Act creating fairness in workers' compensation disfigurement benefits,' seeks to amend the existing workers' compensation laws in Massachusetts. The bill's primary focus is on disfigurement benefits for employees who suffer from work-related injuries resulting in disfigurement. Specifically, it aims to revise the financial compensation framework associated with disfigurement claims to align benefits more closely with the average wage in the Commonwealth, thereby providing a fairer compensation structure based on current economic conditions.
One of the notable points of contention regarding H2105 is the existing policy that limits compensation for 'purely scar-based' disfigurements, specifically excluding such claims unless the scars are located on the face, neck, or hands. Critics of this exclusion argue that it unfairly penalizes workers who might experience significant disfigurement on other parts of their bodies that are equally impactful on their quality of life and potential for employment. Thus, the bill could spark discussions about whether the existing distinctions in disfigurement types are appropriate or need reevaluation in light of evolving workforce dynamics.