Do Workers Compensation Benefits Stop at 65?

do workers comp benefits stop at 65 old married man holding caneIn Iowa, work comp benefits do not automatically stop when you reach age 65.  However, keep in mind that there are a few different types of benefits and they work differently.  There are temporary benefits referred to as TTD (temporary total disability), permanent benefits called PPD (permanent partial disability) and medical benefits which include paying for the entire cost of the medical care you are provided at the insurance company's discretion, plus your mileage and time you miss from work that you are not paid for.  Also, keep in mind that the receipt of Social Security benefits can have a big impact on benefits paid up until the time that you reach your full retirement age discussed more below.

Benefit Types

TTD- These are paid to an injured worker regardless of age when after a work injury they are taken off work by the authorized treating physician or given work restrictions that the employer cannot accommodate.  These are paid until the injured worker reaches MMI (maximum medical improvement) or otherwise known as you are as good as you are likely to get from the doctor's standpoint. 

 

PPD- These benefits are paid based upon your impairment rating in scheduled member only cases or your industrial disability in other cases.  You are paid a number of weeks of benefits which can extend past age 65.  The number of weeks you will be paid depends upon the type of injury you sustained, your functional impairment rating under the AMA Guides and in some cases your age, education, loss of actual earnings, along with many other factors.  One of the biggest factors in how much you will be paid is if you have a scheduled member injury (arm, hand, leg, foot, eye, etc.) or an unscheduled (also known as an industrial injury like a back, neck, hip, CRPS, certain injuries around the "shoulder" joint, etc.).  We have other articles on our webpage and book that we offer at no cost which explains PPD compensation in much further detail. 

 

Medical Benefits- If you were injured at work then technically you have lifetime medical benefits in addition to what they paid you for weekly benefits.  This is assuming that you did not "settle" your case which another topic in itself.  Also, often time insurance companies will end up denying medical care and treatment for things such as:

            1. You no longer work for the employer;

            2. They can blame arthritis for your ongoing problems instead of the work injury; and/or

            3. They just don't want to spend any more money on your medical care.

 

Social Security Benefits-  If you are receiving SSI (supplemental security income) then any compensation that you receive in wages or a workers' compensation check will reduce your benefits.  Whereas, if you receive SSDI (Social Security Disability) there will be an offset evaluation done in order to determine what, if any, amount your monthly Social Security disability payment are reduced by.  The SSA (Social Security Administration) only allows you to make up to 80% of your highest year earnings in the 5 years prior to your work injury.  For example, if your highest year of wages is $40,000 you are only allowed to received up to $32,000 per year/$2,666.67 per month ($40,000 X 80% = $32,000).  So if you are receiving $500 per week in work comp which is a monthly amount of $2,166.67 then the maximum you can receive each month in Social Security is $500 before the rest of your SSDI benefits are offset.  Keep in mind that you are allowed deductions for attorney fees, litigation costs, but the offset will continue until you reach your full retirement age or your case is properly settled with the proper Social Security offset language used.  It is very dangerous for an injured worker to try to settlement almost any case on their own and is downright not smart to try to settle a case without an attorney when they are receiving SSDI. 

 

If you have any more questions you can always call us at 641-792-3595 or contact us here!

Corey Walker
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With over 22 years legal experience, Corey has been recognized for his work as an injury attorney.