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What happens to my workers’ compensation when I retire?
If you have been receiving weekly payments through your workers’ compensation claim and you have reached retirement age, you can continue receiving weekly payments for up to one more year. Additionally, medical expenses are paid up to 12 months from when an insurer ceases to be liable to compensate weekly benefits. In this case, it is the employer or the insurer’s obligation to notify the worker at least 13 weeks before ceasing the weekly payments. The written notification must state the exact dates that the weekly payments will cease and the last payment will be processed. Similarly, the exact date on which medical benefits will cease after retirement should be provided to the worker by the insurer. There is no time restriction arising from retirement for other compensation such as medical and funeral expenses.
Can you retire while on workers compensation?
Yes, an employee can retire and receive weekly payments for up to 12 months. In NSW, benefits can be paid until age 65, or in certain cases, for up to 2 years after the age of 65.
Here is an example:
If a worker who is 64 years-old suffers an injury or illness, the worker can receive compensation for a maximum of 104 weeks which extends beyond age 65.
Timing is crucial when it comes to retirement and workers compensation. You should directly consult our workers compensation lawyers for free advice regarding your workers compensation claim.
How do I make a workers compensation claim?
First, you should notify your employer about the injury and that you will need to take leave to consult your General Practitioner (GP). Depending on the medical advice of your GP you can then consider completing a work injury claim form and submit it to your employer along with your GP’s completed Certificate of Capacity on your injury and capacity to work. Please note you have 6 months to lodge a Work Injury Claim Form from the date of the accident. If your injury was beyond 6 months and you still have not lodged a work injury claim form, contact our workers compensation lawyers and we will advise you if your claim will still be reasonably be accepted depending on your circumstances.
Senior workers compensation lawyers
Our workers’ compensation lawyers simplify the legal process for you. While our experienced workers’ compensation lawyers are working on your claim, you can focus on your recovery and enjoy your retirement. Reach us for a free claim check!
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Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society