Relative to fairness in workers' compensation disfigurement benefits
The bill is likely to have significant implications for workers who suffer disfigurement due to job-related injuries. By tying benefits to the average wage, the legislation aims to enhance fairness in disbursements, particularly benefiting those whose disfigurements impact their employability or quality of life. Additionally, this approach may resolve discrepancies in compensation amounts, providing a more equitable system that adapts to fluctuations in wage levels over time.
Senate Bill 1159, introduced by Senator Sal N. DiDomenico, seeks to amend Chapter 152 of the General Laws in Massachusetts regarding disfigurement benefits within the workers' compensation framework. The amendment proposes to change the current maximum benefits payable for disfigurement claims from a fixed amount of fifteen thousand dollars to a calculation based on the average wage in the commonwealth multiplied by thirty. This adjustment aims to ensure that disfigurement benefits are more reflective of actual earnings, potentially offering greater financial support to injured workers.
One notable point of contention within discussions surrounding SB 1159 is the debate over the inclusion of scar-based disfigurements in the benefits calculation. The bill proposes to specify that no compensation shall be given for purely scar-based disfigurements unless they are on the face, neck, or hands. This limitation may raise concerns among advocates for injured workers, who could argue that any disfigurement warrants fair compensation regardless of its location. Critics may view this as a potential barrier to justice for individuals sustaining lasting injuries that affect their livelihoods.