Workers’ compensation in California is designed to provide certain benefits to eligible workers who are hurt at work or while completing a job-related duty, regardless of fault. However, the benefits that might be offered or available could change when regarding the age of the person who files the claim.
Workers’ Comp at Retirement Age
No one can be denied workers' compensation based on their age alone. Yet the benefits that are offered to an eligible workers’ comp claimant can be changed or reconsidered based on their age. Specifically, if you file for workers’ compensation benefits but are close to retirement age, the insurance company might offer a settlement that is designed to help you retire rather than try to recover from your injury and return to the workforce.
You can also decide that you would rather retire than try to return to work, but you should know that the decision will likely affect your workers’ compensation benefits. If you would have been eligible for temporary disability benefits that paid a portion of your lost wages but decide you would rather just retire, you will most likely lose those benefits. Although, if you were forced to retire due to a disabling injury, you may be eligible for similar disability benefits while you are retired.
Pre-Existing Conditions & Workers’ Compensation
It’s normal to start developing different health conditions and complications as you age. For example, carpal tunnel syndrome and arthritis are very common among people aged 55 and older. What you might not know is that such health conditions could be considered “pre-existing conditions,” and that such pre-existing conditions can impact workers’ compensation claims.
Workers’ compensation insurance companies often look for ways to deny or reduce the value of a claim. One of the more common ways they do this is by saying the worker’s injury was a pre-existing condition, or that it is only as bad as it is because of a pre-existing condition. Workers’ comp doesn’t cover pre-existing conditions, only injuries and illnesses directly related to a work injury, so this argument can be grounds to deny a claim.
If you have a pre-existing health condition and get injured at work, you should talk with an attorney right away. They can evaluate your situation and anticipate if your pre-existing condition could complicate matters. A lawyer will also be ready to respond if a workers’ comp insurance provider wrongfully denies your claim while pointing at your pre-existing condition.
Are Workers’ Comp Benefits Directly Impacted by Age?
With everything about workers’ compensation considered, your age should not directly impact your workers’ comp claim. Whether you are 18 and just got your first job, or you are 81 and are part of a corporation’s executive team, your workers’ compensation benefits should not change just because of your age. At the least, the benefits should not be directly impacted, especially not in a way that leads to a denied claim. If your workers’ compensation claim has been influenced by your age, you should reach out to a workers’ comp attorney as soon as possible.
Alvandi Law Group focuses on workers’ compensation claims filed throughout Southern California by workers from all industries. If you need help filing or pursuing a claim that you think was unjustly impacted by your age, or if you want to use workers’ comp benefits to transition into retirement, turn to our law firm first. Call (800) 980-6905 or contact us online now for more information about your options and our legal services.