Updated August 17, 2026
In Colorado, disability laws allow for injured individuals with a scar or disfigurement to receive disability benefits depending on the extent of the disfigurement and where it is located.
Watch as Denver disability lawyer Michael Kaplan explains how benefits are awarded to disfigured individuals in Colorado.
Disfigurement Benefits Explained
In my experience, one of the benefits insurance carriers cheat injured workers out of most is disfigurement benefits. Disfigurement benefits are paid to injured workers, over and beyond all other benefits, when their injury results in actual disfigurement.
The “Bathing Suit Rule”
We have something informally called the “bathing suit rule.” What that means is that if you’ve suffered a scar of any sort that would be seen in public view that’s not covered by a bathing suit, you would be entitled to disfigurement benefits.
Under Colorado Revised Statutes § 8-42-108, injured workers are entitled to a disfigurement award if an on-the-job injury leaves a permanent mark or scar on parts of the body normally exposed to public view. In practice, judges and insurance adjusters apply what is commonly referred to as the ‘swimsuit rule ‘: if the scar or physical alteration would be visible while wearing a swimsuit, it generally satisfies the state’s public view requirement.
How Much Can You Receive for Disfigurement Benefits?
The amount that an injured worker is entitled to depends on the severity of your scar. Disfigurements can include loss of teeth, scars on the skin, loss of hair, etc. In Colorado, disfigurement benefits are paid in addition to your medical coverage and wage-loss compensation. Statutory caps are adjusted annually every July 1st based on state inflation indexes, but generally fall into two benefit tiers (based on date of injury):
- Standard Body Disfigurement: Compensation for visible scars, limps, or changes on areas normally exposed to public view (such as arms, lower legs, or neck).
- Extensive or Facial Disfigurement: Higher compensation caps reserved for extensive facial scarring, widespread body or burn scars, or limb amputations.
Why You Need to Request This Benefit
Very few insurance companies will voluntarily offer or admit to disfigurement benefits. Even when they know you underwent surgery or have a visible scar, they rarely include it in their initial payout, and if they do, their offer is often lower than what you are legally owed under state guidelines.
Who Qualifies for Disfigurement Benefits?
If you are an injured worker and have a permanent visible mark, altered gait, or physical change remaining after your injury has healed (typically evaluated at least six months post-injury), you are entitled to claim a disfigurement benefit under Colorado law.
How Is Disfigurement Evaluated: Photos, In-Person, or Medical Records?
Evaluating a disfigurement claim requires a combination of all three:
- Clear Photographs (Form WC-193): Initial requests submitted to the state require high-quality photos. Because poor lighting or angles can hide scar depth or discoloration, working with an attorney ensures your photographs accurately capture the true severity of the mark.
- Medical Records: Doctor notes from your treating physician confirm that the scar or physical change resulted directly from your work injury (or required surgery) and that healing has stabilized (typically evaluated at least six months post-injury).
- In-Person Observation: If the insurance adjuster offers an unfair amount, an Administrative Law Judge will examine you in person (or via video hearing). The judge looks directly at the scar’s texture, visibility, or gait changes (limp) to issue a final, binding award amount.
Where Can You Find the Current Disfigurement Rates?
The exact dollar amount you are entitled to depends on your date of injury, as the Colorado Division of Workers’ Compensation adjusts state benefit caps every year on July 1st.
While you can check the state’s annual Maximum Benefits Order, calculating what your scar or physical alteration is actually worth isn’t as simple as reading a chart. Insurance adjusters routinely undervalue disfigurement claims or skip offering them altogether.
How Kaplan Morrell Can Help
You don’t have to navigate state rate tables or fight insurance adjusters on your own. The experienced attorneys at Kaplan Morrell can:
- Evaluate Your Scar or Injury: Determine whether your physical changes meet Colorado’s public view standards or the higher facial/extensive disfigurement threshold.
- Submit the Proper State Documentation: File Form WC-193 with clear photographic evidence to back up your claim.
- Fight for the Maximum Benefit: Present your case before an Administrative Law Judge if the insurance company offers an unfair payout.
If you have a permanent scar, limp, or surgical mark from a work injury in Colorado, contact Kaplan Morrell today for a free, confidential consultation or call/text us at 970-356-9898.
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