Workers Comp Claims: Filing In Retirement

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Workers Comp Claims: Filing In Retirement

2 November 2020
 Categories: Law, Blog

Workers comp insurance is designed to provide a safety net to catch you when you're injured on the job. What happens though when an injury you sustained on the job doesn't become debilitating until you're already retired? Here's how an experienced legal firm can help you file a workers comp claim when you're already retired.

Creating a Link

Acute work-related injuries that require immediate medical treatment create a clear connection between your job and your medical conditions. Chronic injuries, however, can make creating a connection to your employment more difficult.

Overuse Injuries: some of the most debilitating physical ailments stem from chronic overuse injuries. From carpal tunnel syndrome to persistent back or knee pain, your workers comp lawyer can help you create a link between your previous work and your current medical conditions. For most retirees attempting to file workers comp claims, this means finding documentation and seeking medical opinions. Your previous employment contracts, your medical check-ups, and any medical bills you accumulated during your career can be helpful. For expert medical opinions, occupational/physical therapists and orthopedic specialists can submit affidavits that you can attach to your workers comp claim.

Invisible Ailments: many work-related injuries are less obvious. From tinnitus to compromised immune function, your workers comp lawyer can help you link your chronic condition to your employment. Occupational Safety and Health Administration audits and citations can be used to show that your employer created a dangerous or hazardous work environment.

Covering the Costs

For most retirees, workers comp benefits are needed to cover medical treatment. Your workers comp lawyer can ensure that your benefits are maximized to cover all of your medical bills.

Supplementing Insurance: in some states, workers comp benefits can require employers to extend health insurance to employees even after they've entered retirement. Negotiating with your former employer and their insurance provider can be very different when a workers comp lawyer gets involved. If your employer or their insurance provider attempts to deny you coverage or pay for your medical bills, your workers comp lawyer can threaten and/or initiate litigation to challenge their positions.

Back Dating: if you've been paying for medical expenses related to an injury you sustained on the job, your workers comp lawyer can help you backdate those expenses. For instance, if you're seeing a physical therapist to deal with carpal tunnel syndrome, your workers comp lawyer can file a petition to get any bills you might have already accumulated before you filed your workers comp claim.

Reach out to a lawyer for more information about workers comp claims