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Can You Sue for Cosmetic Surgery After a Work-Related Injury?
Work-related injuries are often accompanied by physical, emotional, and financial challenges. Whether it’s a minor slip and fall or a major accident, the road to recovery can be long, and some injuries might require more than just physical rehabilitation.
For some individuals, disfigurement or permanent damage to their appearance can lead to the need for cosmetic surgery. The question then arises: can you sue for cosmetic surgery after a work-related injury?
At Slape & Howard, we understand the frustration that comes with facing a severe injury, especially one that leaves permanent marks. Serving Wichita, Kansas, and all of Kansas, we believe that every worker deserves fair compensation for their injuries, whether it’s for medical expenses, lost wages, or additional procedures like cosmetic surgery.
Working with an experienced workers compensation attorney can help guide you during this process.
Let’s explore when and how cosmetic surgery may be part of your workers compensation claim and what steps you should take. If you need legal guidance, contact us at Slape & Howard today.
What Is Cosmetic Surgery After a Work-Related Injury?
Cosmetic surgery generally refers to procedures that improve or alter an individual’s physical appearance. While some might view cosmetic surgery as purely optional, for those who suffer disfiguring injuries in the workplace, these surgeries can be necessary for both physical and psychological recovery.
These procedures may include skin grafts, reconstructive surgeries, or other treatments to repair scars, burns, or visible injuries.
A work-related injury that causes disfigurement or other lasting impairments may require a cosmetic procedure to restore some level of normalcy. For example, a worker who suffers severe burns or trauma may need cosmetic surgery to reduce scarring, restore facial features, or improve physical functionality.
These surgeries aren't merely cosmetic in the conventional sense; they can be an essential part of the recovery process.
When Can Cosmetic Surgery Be Covered by Workers Compensation?
Workers compensation laws in Kansas and most other states cover medical treatment for work-related injuries. However, the question of whether cosmetic surgery will be covered is less clear-cut. The answer generally depends on whether the surgery is deemed medically necessary and related to the injury’s treatment.
In certain cases, workers compensation can cover cosmetic surgery when it's required for the following reasons:
Disfigurement: If your work injury causes permanent scarring or disfigurement that negatively impacts your appearance, cosmetic surgery may be considered necessary for rehabilitation.
Functional restoration: Some cosmetic procedures aren't just for appearance but can help restore function. For example, reconstructive surgery to repair a hand or limb could help the injured worker regain full use of the affected area.
Psychological and emotional recovery: The emotional toll of a disfiguring injury can be severe. In some cases, cosmetic surgery is deemed necessary for improving the injured person’s mental health and quality of life.
For these reasons, cosmetic surgery after a work-related injury might be covered by workers compensation if the surgery is deemed a necessary step in the recovery process.
When Might Cosmetic Surgery Not Be Covered?
While workers compensation covers a wide array of treatments, there are instances when cosmetic surgery might not be included. Insurance companies or employers may dispute the necessity of certain procedures. Some common reasons cosmetic surgery might not be covered by workers compensation include:
Non-medical justification: If the surgery is purely elective and not linked to the medical need resulting from the injury, it may not be covered. For example, surgery solely for aesthetic purposes might not be deemed necessary for recovery.
Disputed necessity: If the workers compensation insurance company doesn’t believe that the surgery is essential to the recovery process, they may deny the claim. In some cases, they might argue that the procedure is for cosmetic purposes only and not medically required.
In these situations, workers can appeal the decision, or other legal avenues such as third-party lawsuits may be explored.
Steps to Take If You Need Cosmetic Surgery After a Work Injury
If you believe that cosmetic surgery is necessary for your recovery after a work-related injury, here are the steps you should follow:
Report the injury to your employer: Promptly report your injury to your employer, following the necessary protocols for workers compensation. It’s essential to include all aspects of your injury, including any potential need for cosmetic surgery.
Consult with your physician: Your doctor plays a vital role in determining the necessity of cosmetic surgery. If your injury requires a procedure to address disfigurement or restore function, your physician can provide medical documentation supporting your claim.
File a workers compensation claim: Once your injury and medical treatment have been documented, file a workers compensation claim. Your attorney can help you make sure that all the relevant information is included to support your need for cosmetic surgery.
Appeal a denied claim: If your workers compensation claim is denied, you may appeal the decision. An attorney experienced in workers compensation law can guide you through this process.
Consider third-party lawsuits: If a third party caused your injury (e.g., a manufacturer or another company), you might be able to file a personal injury lawsuit to recover additional damages, including the costs of cosmetic surgery.
By following these steps, you can better manage the process of securing compensation for cosmetic surgery after a work-related injury and assure that all your recovery needs are met.
When to Hire a Workers Compensation Attorney
Dealing with workers compensation claims can be confusing, especially when it comes to securing coverage for cosmetic surgery. An experienced workers compensation attorney can make the process smoother and assure that your rights are protected. Here are a few reasons to consider hiring a workers compensation attorney:
Understanding workers compensation laws: Workers compensation laws can be challenging to understand, and your lawyer will make sure that you know your rights and obligations under the law.
Filing the proper documentation: A workers compensation attorney can help you manage the paperwork and assure that your claim is properly filed with all necessary supporting documents.
Fighting denied claims: If your workers compensation claim is denied, a lawyer can help you file an appeal and work with the insurance company to try to get your surgery covered.
Pursuing third-party claims: If someone other than your employer contributed to your injury, your lawyer can help you file a third-party lawsuit to recover compensation beyond workers compensation benefits.
Hiring a workers compensation attorney can help simplify the claims process and protect your rights.
Can You File a Third-Party Lawsuit for Cosmetic Surgery Costs?
In some cases, workers can file a third-party lawsuit if someone other than their employer is responsible for the injury. For example, if a defective machine or tool caused the injury, you may be able to file a personal injury lawsuit against the manufacturer or another third party.
In this scenario, you could seek compensation for your pain and suffering, medical expenses, and cosmetic surgery costs that aren't covered by workers compensation.
This is especially important if the injury was severe, leaving you with permanent disfigurement. A third-party lawsuit can help cover additional expenses that workers compensation might not address, making sure that you get the financial support you need for a full recovery.
Contact a Dedicated Lawyer Today
If you’ve suffered a work-related injury that requires cosmetic surgery, you deserve to know your rights and what options are available to you. Slape & Howard, serving Wichita, Kansas, and the entire state, can guide you through the process of pursuing compensation for cosmetic surgery and other necessary treatments.
Reach out to us today to schedule a consultation with an experienced workers compensation attorney. We’ll help you understand your legal options, fight for your rights, and work toward you getting the compensation you’re entitled to for your recovery. Don't hesitate—contact us at Slape & Howard today.