Workers’ compensation benefits are a crucial financial lifeline for many people who suffer on-the-job injuries. If you are nearing retirement age or have been permanently disabled by your injuries and are unable to work, you may wonder if you can claim retirement benefits while still receiving workers’ compensation.
There’s no easy answer to this question without knowing more about your specific circumstances. However, typically, workers can only continue to collect workers’ compensation and retirement benefits if their injury forces them to retire.
For personalized advice, contact an Arizona workers’ compensation lawyer at Matt Fendon Law Group for a free consultation. You can call us at (800) 229-3880 or reach us online.
Can I Retire If I am on Workers’ Compensation in Arizona?
You can retire whenever you choose, but you may not necessarily be able to collect retirement benefits and workers’ compensation at the same time.
Workers’ compensation benefits replace part of the income you can no longer earn due to an injury or illness. Depending on your situation, you may lose certain workers’ compensation benefits because you choose to retire instead of returning to work.
Voluntary vs Involuntary Retirement
The key factor that determines whether you keep workers’ compensation benefits upon retirement is whether your retirement is voluntary or involuntary. If your work injury is so severe that you are totally disabled, you will likely be able to keep your workers’ compensation wage-replacement benefits even after you retire because you are not choosing to give up income you might have been able to earn.
On the other hand, if you choose to retire while you are still of working age or while your medical condition could still improve, you will likely not be able to keep your wage-loss benefits.
Your employer’s insurance company will argue that you are no longer losing income due to your injuries if you opt for retirement, and it should no longer be required to pay you workers’ comp benefits.
How Would Retirement Affect My Workers’ Comp?
In some cases, you may still be able to collect Social Security retirement or disability benefits along with workers’ compensation benefits. But collecting those benefits could reduce the amount you receive in workers’ compensation benefits.
Various types of benefits are offset against each other in complex ways.
For this reason, it is a good idea to consult with an experienced Arizona workers’ compensation lawyer if you are considering retirement or must retire due to a workplace injury.
Will My Injury-Related Medical Bills Still Be Covered After Retirement?
Workers’ compensation covers all medical bills related to a job-related injury until you fully recover or reach maximum medical improvement (the point where further treatment will not improve your condition). The workers’ comp insurer should still pay your medical bills after you retire until you reach either of those points.
Consult an Arizona Workers’ Comp Attorney to Know Your Options
Do you have questions or concerns about how retirement may affect your Arizona workers’ compensation benefits?
Contact Matt Fendon Law Group today for a free consultation with an Arizona workers’ compensation attorney. Call our law offices at (800) 229-3880 or use our online contact form to reach us today.
