Determining Fault In An Accident

Can You Still Receive Workers' Compensation After You Have Retired?

As you approach retirement age, you may find that you need to fight to receive the compensation you deserve in the workplace. This is even true when it comes to benefits you are entitled to, such as workers' compensation. Because workers' compensation is designed to help employees who can no longer work due to injury or illness, your payments may end once you are no longer working, particularly if you are receiving other benefits like Social Security or a pension. Thankfully, if you rely on these payments to pay your bills, there are options for you to explore with the help of a qualified workers' compensation attorney. 

Studying Your State's Laws 

Each state treats workers' compensation differently, and you will need to familiarize yourself with your local laws before your case can be accurately assessed. Federal employees, for example, are often given a choice between permanent disability payments and less generous retirement programs, but private employees may not have that option. Your attorney will have an in-depth understanding of the laws in your state and should be able to give you a frank assessment of your standing. 

Demonstrating Your Right to Compensation

In order to continue qualifying for workers' compensation, or if you are filing a claim close to your retirement date, you will still need to be able to prove that the illness or injury in question has had a lasting, negative impact on your life. Document everything, including the initial incident and any medical care you sought as a result, and file as quickly as possible to give your claim validity. 

Filing a Claim After Retirement

In many cases, claims filed after you have already retired will be non-viable due to time restrictions on filing and a lack of lost wages to compensate. That does not, however, mean that any workers' compensation case filed after retirement is hopeless. If you are being forced to retire early, for instance, as a result of your injury, you may still be eligible for a claim. Depending on the strength of your argument and the laws of your state, you could receive fair compensation for your injury for decades to come. 

Collecting Workers' Compensation After Retirement

Even if you have secured your long-term disability, you may not be able to keep it. In many states, opting to take Social Security or other retirement benefits may cancel your disability payments and leave you struggling to survive on less income per month than before. This is why it is so important to consult with an attorney before you make any major decisions regarding retirement; with an expert on your side, you will be able to weigh every option fully and come to an agreement that benefits you most, instead of being forced to simply accept what you are given. 

For a workers' compensation lawyer, contact a business such as Franco Law Firm