New employees and younger employees are more likely to suffer an on-the-job injury for a number of reasons, but that doesn’t mean that wise veterans on the job-site are immune from accident and injury. Tens of thousands of older Americans are injured at work each year, and their benefit options can be impacted as they reach and pass retirement age. In today’s blog, we take a look at how the “retirement presumption” can affect your workers’ compensation award if you are an older individual who suffers a work injury.
Injury Benefits And Retirement
If you receive permanent total disability benefits or temporary total disability benefits, it’s important to be aware that you won’t receive these benefits for life. If you reach the presumed retirement age, the insurance company can legally stop sending your injury payment. It’s also worth noting that retirement age can vary based on your specific situation. Here’s a closer look:
PTD Benefits And Retirement – If you receive PTD benefits that render you unable to work, you are considered to be at the presumptive retirement age when you reach 67 if the injury occurred prior to October 1, 2018. If the injury happened after October 1, 2018, then the presumptive retirement age is 72.
You may be able to argue against these milestones if you can prove to a work comp judge that you are or would not be retired by this age. Finally, if you were injured at work after turning 67, your PTD benefits will continue for five years before stopping.
Temporary Total Disability – Temporary total disability benefits also end when you reach retirement age. However, with TTD benefits, there is no standard retirement age. Instead, an employee is considered to be presumed retired when it is “more likely than not” that they have retired.
In other words, if the insurance company can present evidence that suggests you are retired or no longer working, they may be able to put an end to your work comp payouts. Receiving social security benefits or another non-disability serviced-based government pension is another sign of presumed retirement.
So if you have suffered an injury while you’re getting close to retirement age, know that you may run into a little trouble with the insurance company if they decide to try to stop paying your benefits by a certain date. That’s why it’s so important to trust your claim to an experienced lawyer like the ones you’ll find at Hey Workers. We know how to ensure you get all the benefits you’re entitled to receive for the full duration of your recovery, even if that’s after you’ve reached retirement age. For assistance with your case, or if you just want to talk through your options, give our firm a call today at (844) 439-9675.
