by: NPHM | October 4, 2021

Can You Get Workers’ Comp if You’re Retired and Get Hurt at a Part-Time Job?

Whether it’s at age 62, 65, 67, or later, most people look forward to their last day in the full-time workforce and the beginning of a well-deserved retirement. But for some people, retirement doesn’t mean no more work at all. It’s common for retirees to pick up part-time jobs to earn extra money, stay connected with their communities, and have a strong purpose in their lives.

However, working any job means there’s a risk of injuries—especially in older adults who are at or above retirement age. And in many cases, those adults depend on the money from their part-time jobs to supplement their retirement income. When they’re too hurt to work and earn their paychecks, they can face a serious financial crisis.

Retired Workers CAN File for Workers’ Compensation After On-the-Job Injuries

Just because you’re receiving money from a pension, a retirement account, or Social Security retirement benefits doesn’t mean you’re ineligible to file for and receive money from workers’ compensation. However, the amount of money you can receive may be reduced depending on the type of retirement benefit you’re receiving.

Any retirement accounts established by your former employer, such as a pension or 401k, aren’t factored into workers’ compensation benefits. Neither are any private retirement accounts you set up for yourself, including any IRAs. However, your workers’ compensation benefits ARE affected by the amount of money you receive in Social Security retirement benefits.

You May Stop Receiving Workers’ Comp Benefits if You Retire After Your Injury

On the other hand, you can’t continue receiving workers’ compensation benefits if you retire while you’re already getting checks from Worker’s Comp. Regardless of the severity of your injury, once you decide to retire, your benefits will end. But if your retirement is forced because of the impact your injury has on your physical or mental health, you may still be able to collect workers’ compensation benefits.

Ohio law makes a distinction between involuntary and voluntary retirement, with the decision to retire being classified as “voluntary abandonment.” People who fall into that category aren’t eligible to continue receiving workers’ compensation benefits for which they were already approved, but they may be eligible to receive benefits if they return to work after retiring from another profession and get injured at their new job.

Workers’ Comp and Retirement Are Complex Issues, But We Can Help

When you apply for or receive money from more than one governmental income-replacement program, the complexity of your situation grows enormously. At Nurenberg, Paris, Heller & McCarthy, our Ohio workers’ compensation lawyers believe that injured workers shouldn’t have to sit up at night wondering how their workplace injury will affect their retirement benefits and vice versa. When you’re hurt on the job, you need money, and it’s our job to help you get it.

We have more than 90 years of experience assisting injured Ohioans with their settlement claims, and we know what it takes to win. Ohio law is our passion, and we’ll put our experience, knowledge, and resources to work as we build your claim. Contact us today for a free consultation.