How Does Your Age Impact Your Workers’ Compensation Claim?

They say that age is just a number, and that sentiment holds true for the most part when it comes to your workers’ compensation claim. There is no specific age that you have to be in order to qualify for workers’ compensation benefits. If you are employed and suffer an injury during the course of your employment, it doesn’t matter if you’re 16 or 61, you will be eligible for injury compensation.

However, there are a couple other ways that your age can impact your workers’ compensation claim. We explore how your age can factor into your workers’ compensation award.

Age And Your Workers’ Compensation Award

As we noted in the introduction, there is no age minimum that needs to be met before you are eligible for workers’ compensation. As long as you are employed and injured during your work duties, you are eligible for different types of injury compensation. That said, your age can impact your award in two major ways:

Repetitive Stress Injuries – If you are attempting to pursue compensation for a repetitive stress injury or a Gillette injury, it may be a little tougher to make your case if you are older. You are attempting to argue that stress and strain put on your body during your work years directly led to the degenerative condition you’re experiencing, but that’s not always easy to prove if you’ve been putting stress on your body for years. It can be difficult to prove that your knee arthritis is tied to your work duties instead of an injury you suffered in your thirties or due to the stress you put on your body during physical activities outside of work.

For example, if you develop arthritis or a condition like carpal tunnel in your forties, and your work duties put a lot of strain on your joints or wrists, a seasoned attorney could make a strong argument that the two things are connected. If you’re dealing with carpal tunnel in your sixties and you use a computer a lot in your free time or you regularly perform other fine motor tasks, the insurance company may reject the notion that your condition is the result of your work duties. Connecting with an experienced lawyer and a medical professional who supports your version of events can help you make a stronger case to the insurance company.

Retirement – Another way that your age can impact your workers’ compensation benefits is if you are approaching retirement age. As we wrote about in this blog, the insurance company can legally stop paying your workers’ compensation benefits in some instances if they can make a compelling case that you have reached an age where you would likely have retired. For example, with Permanent Total Disability benefits, the insurance company can stop making payments once you reach the age of 72, although you can contest this presumed retirement age by showcasing through a preponderance of evidence that you intended to continue working past the age of 72.

For Temporary Total Disability benefits, the threshold is even lower. The insurance company can stop making payments when it is “more likely than not” that you would have retired by a specific age. Again, you can work to refute these claims by connecting with a lawyer who can use all their tools to put forth a well-rounded argument that suggests you had no intention of retiring at the age the insurance company believes you would have.

Your age can have a little impact on your workers’ compensation award, but we’re confident that an experienced lawyer can help you manage these potential issues with ease. To learn more about any of these age-related issues, or for more information about a specific workers’ compensation concern, connect with the team at Margolis Law Firm today at (952) 230-2700.