I have a workmans comp case at work ,im 61,i want to retire while im not working.can i do this?

Asked over 3 years ago - Desert Hot Springs, CA

I was injured at work one year ago,im still off. My job says ive reached my max recovery period. They want me to go back to work. My dr. says i can go back in some diminished capasity. I want to retire,and not go back to work. what dose this do to my workman comp case,and state disability. Can i retire with this injury to social security>

Attorney answers (2)

  1. Brett A. Borah

    Contributor Level 20

    Answered . Since we outlawed slavery in this country in 1860, you don't have to go back to work.

    If your doctor has released you to modified work, and your employer cannot accommodate this restriction, you can still receive workers' comp temporary disability up to the 104 week limit. If they can accommodate, well, no more temporary disability.

    If you want to retire, you can do that. I would indicate to the employer that you are retiring because of the work injury. That way, if you have future surgery or other periods off work, you may still be able to get temporary disability or a job displacement voucher.

    To get Social Security retirement, you have to be 62 years old so you can't get that until your next birthday. Early retirement will give you a reduced benefit but you can still get it.

    To get Social Security disability, you need to be off work on doctors orders for at least a year. This may be a good option for you since you're so close to getting early retirement anyway.

    Getting all of these benefits and maximizing your return can get complicated. You may want to consult with an attorney who does both workers' comp and social security. There are some excellent attorneys in the Cochella Valley. Find a good one here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys here in California who represent injured workers. Or you can call me for a referral.

    Good luck.

  2. Christopher N Mandarano

    Contributor Level 3

    Answered . I only would add that when it comes time to reach a settlement, if your case is one that would be appropriate for a compromise and release (C&R in worker's comp speak), then an essential component of the C&R will most likely require a Medicare Set Aside (MSA) given your age. Make sure to ask your attorney about what an MSA is and how it works as you near the settling of your case.

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