Retirement is something that almost everyone looks forward to. An opportunity to take up hobbies, travel, and spend more time with friends and family members after working so many years.
Usually workers compensation benefits are available to compensate employees when they are unable to work after an on-the-job injury. The hope is that you – the injured employee – will be able to return to your pre-injury work after receiving a period of income replacement benefits and medical care.
But the reality is that you may never be able to return to your pre-injury job. And when that happens, you may start to consider retirement.
This article explains how retirement affects your workers comp rights in Virginia.
If you are close to retirement age at the time of your work-related injury, you may decide to retire. This is an option. But it’s one that can cost you tens of thousands of dollars in workers comp benefits.
When evaluating how retirement affects your workers comp case, your attorney must first determine whether you are voluntarily retiring or being forced into retirement by your employer.
- You have voluntarily retired when you notify your employer that you are retiring on a specific date.
- Forced retirement, also known as involuntarily retirement, happens when your employer terminates your position because of health problems or disability.
Voluntary retirement can create problems in workers compensation cases. Forced retirement will not, so long as your employer initiated it.
Whether voluntarily retirement has a negative effect on your worker’a comp case depends on your specific medical restrictions.
When an injured worker is totally disabled from all work by his or her treating physician, then the worker can receive temporary total disability benefits even if he or she voluntarily retired or is terminated for cause (insubordination, tardiness, and rudeness).
So long as the worker’s treating physician has taken him or her out of work, temporary total disability payments are available. Loss of earning capacity, not economic loss, is the rule that is in play here.
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Contact us today to schedule your first consultation. At this appointment, we will discuss your specific case and the hurdles we must overcome to get you your benefits. We will navigate the process for you, making it easy to understand. Contact us today!