How does workers compensation change when you are close to retirement?

Are you nearing retirement age in NSW? Your workers compensation entitlements are about to change. Learn about the changes and your options after retirement.

A workplace injury can vastly change your life, especially if you require ongoing medical treatment. If you are receiving workers compensation for a workplace injury, you may be wondering what happens when you get close to retirement age. 

Unfortunately, your entitlement to workers compensation payments does change once you reach a certain age. In this blog, we address the changes and alternative options once you near or reach this age.

Workers rights if you’re aged 67+ receiving workers compensation

In Australia, the retirement age is at present at 67. If you are receiving workers compensation, your regular weekly payments will cease after your one year anniversary of reaching retirement age. This means, if you turn 67 on 1 May 2023, your payments will cease on 1 May 2024.

According to the SIRA Standards of Practice, your insurer is required to provide the appropriate notification prior to ceasing your payments. 

If you have not been afforded the appropriate notification, speak to one of our workers compensation lawyers. Early notification is a workers right and enables you to prepare for the transition.

Can I claim workers compensation after retirement age? 

There are many workers now continuing to work past the retirement age. If you are past retirement age and injure yourself at work, you can still make a workers compensation claim. However, the regular weekly payments you receive will cease 12 months after the date of injury.

For medical expenses, you will be able to continue to claim for a maximum of up to five years after your payments cease, however, if your whole body impairment is determined to be more than 20%, you will be entitled to claim life-long medical expenses. This is regardless of whether you sustained your injury before or after the retirement age. The severity of your impairment will be assessed to determine the level of coverage you can expect.

There are, however, some expenses that do not depend on retirement. They include:

• Crutches and artificial aids including glasses or hearing aids
• Modification of your home or vehicle 

What are my options if I am over the age of 67?

Unfortunately, in the instance where you are determined as not suffering from any impairment at retirement, your options for medical expenses are limited. You may in fact need to rely on Medicare or private health insurance for your ongoing medical needs. 

The assessment of your medical impairment therefore plays a critical role in determining the level of financial assistance you will receive after retirement age. 

If you are nearing retirement age or have sustained an injury after retirement age, it is best to speak to a workers compensation lawyer to ensure you receive a fair outcome.

Every case is unique and there have been instances where workers have been awarded cover for medical expenses after retirement age.

Get in touch

As you reach retirement age, you may be feeling nervous about the future and how you will continue to look after your medical needs. Masselos & Co compensation lawyers are here for you and have specialist experience in workers compensation claims for those reaching retirement age. Get in touch today and book your free consultation.