Can you Receive Workers’ Comp after You Retire?

Most Common Occupational Illnesses
March 19, 2019
Common Risks for Healthcare Workers
March 19, 2019

The workers’ compensation program was designed to assist those who have been injured while on the job. While this right obviously extends to any individual that is working that has been injured, what happens in situations where the person cannot work any more? In the case of retired people, or recently retired people, is there any situation where they can receive workers’ comp benefits if the retirement is recent?

For the sake of workers’ compensation and its relationship to retirement, there are two main kinds of retirement: voluntary and involuntary. If a person voluntarily retires, he or she is making the choice to stop working, usually after reaching a certain age. Under this circumstance, that person is not eligible to receive workers’ compensation benefits because he or she is no longer working and is doing so completely on choice.

Involuntary retirement, on the other hand, occurs when a person is rendered unable to work, but has reached a certain age in which he or she could retire rather than go on short or long term disability. Under this circumstance, that person may be eligible to receive benefits from workers’ compensation. This would occur if it was a workplace injury that caused the person to no longer be able to work or that led to the retirement. Due to the fact that, despite the person now being newly retired, the injury was still caused at the workplace and therefore falls under the necessary criteria for workers’ compensation.

Whether a person plans to return to work or not, any time that a person is injured while on the job, he or she is entitled to receive financial compensation from his or her employer. If that employer refuses, please call (813) 872-0929 and we at the Franco Law Firm would be happy to review your options with you and guide you through the lawsuit process to help you earn the benefits that you deserve.