The modern workforce is graying, with many older workers choosing to delay retirement or continue working part-time. Still, if an older worker suffers an on-the-job injury, can they still pursue a workers’ compensation claim, or does their age disqualify them?
In Kentucky, as in most states, workers’ comp laws protect all employees, young and old.
Age does not disqualify you from worker’s comp benefits
In Kentucky, workers’ compensation functions as a no-fault system, enabling employees to obtain benefits for work-related injuries or illnesses without having to prove who was at fault. To qualify, workers often must satisfy specific requirements:
- Be an employee of a company that is required to carry workers’ comp insurance
- Sustain an injury or illness related to and occurring during their employment
- Notify their employer of the incident within a designated timeframe
Age is not a determining factor in workers’ compensation eligibility. Experienced workers have the same rights as their younger counterparts. Evaluators assess claims based on the severity of the injury or illness, not the worker’s age.
Still, more seasoned workers may face unique challenges when filing a claim. For instance, if they have pre-existing conditions, this may complicate their claims. They might need a longer time to heal, which could impact the duration of benefits. In general, these considerations may affect the amount they receive.
Attaining the compensation you deserve
Employers or insurance companies might sometimes show bias against older workers. They could downplay the injury as an age-related issue or delay the release of benefits, hoping the worker will give up.
In these situations, reaching out to an experienced workers’ compensation lawyer in Kentucky is imperative. They can campaign for the worker’s best interests throughout the claim process and ensure they get the maximum compensation they need to recover.