Missouri's Unique Approach to Disfigurement Injuries in Workers' Compensation
Missouri law treats disfigurement injuries—such as permanent scarring, loss of a limb, or facial deformities—as a distinct category within workers' compensation, allowing victims to receive a separate "permanent disfigurement" payment in addition to medical costs and wage loss benefits. This payment is calculated based on a statutory schedule that assigns a monetary value to each type of disfigurement, reflecting the injury's impact on appearance and functional ability.
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Eligibility and Definition
To qualify, the injury must arise out of and in the course of employment and result in a permanent alteration of the body's normal appearance. Missouri statutes define disfigurement as a lasting loss of a body part or a permanent scar that is visible and measurable. Injuries that are purely functional (e.g., loss of strength) are addressed under the regular permanent partial disability (PPD) schedule, not the disfigurement schedule.
Benefit Calculation
Missouri's Permanent Disfigurement Schedule lists a fixed dollar amount for each qualifying injury. For example, the loss of a thumb is valued at $3,200, while a full facial scar exceeding 5 centimeters may be valued at $7,500. The amount is paid as a lump sum, separate from ongoing wage-replacement benefits. The schedule is updated periodically by the Missouri Division of Workers' Compensation, so the exact figure depends on the effective date of the claim.
Medical Evaluation Process
After a disfigurement injury, the employer must notify the insurer within five days. The insurer then appoints a qualified medical examiner—often a board‑certified plastic surgeon or dermatologist—to assess the injury's permanence and severity. The examiner's report must include photographic evidence, measurements, and a clear statement that the injury meets the statutory definition of disfigurement. If the employer or employee disputes the findings, a second independent examiner can be requested, and the case may proceed to a hearing before the Workers' Compensation Commission.
Filing a Claim
Employees should file a First Report of Injury (FROI) within three days of the incident, though Missouri law allows a 30‑day window for reporting if the injury is not immediately apparent. The claim form must specify that the injury involves disfigurement and attach any initial medical documentation. Prompt filing is critical because delayed reports can jeopardize eligibility for the disfigurement lump sum.
Interaction with Other Benefits
Disfigurement payments are independent of other workers' compensation benefits. Recipients may still receive temporary total disability (TTD) wages while unable to work, and they can claim permanent partial disability (PPD) for functional loss. However, the disfigurement lump sum is not taxable at the federal level, though it may be subject to state tax depending on the employee's overall income.
Employer Responsibilities and Best Practices
Employers should maintain accurate injury logs, ensure timely reporting, and cooperate fully with medical examiners. Implementing a clear internal protocol—such as a designated safety officer who tracks disfigurement claims—reduces the risk of disputes and costly litigation. Regular training on Missouri's workers' compensation statutes helps supervisors recognize when an injury might qualify for the disfigurement schedule.
Key Takeaways
- Disfigurement injuries trigger a separate lump‑sum payment based on a statutory schedule.
- Eligibility requires a permanent, visible alteration caused by work‑related activity.
- Medical evaluation must be documented with photographs and precise measurements.
- Claims must be filed within 30 days, with the FROI submitted promptly.
- Payments are non‑taxable federally but may affect state tax calculations.