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July 12, 2021
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Retirement on workers compensation

Can you retire while on workers compensation?

If you have been receiving weekly payments as compensation for a work-related injury and reached retirement age after the start of the compensation, it is possible that you continue receiving them for some more time. Here and in the remainder of the article, retirement age means the age a worker becomes eligible for a retirement pension. If you sustained a work-related injury and started receiving weekly payment benefits after you reached retirement age, you may also continue receiving them for a certain time period, according to the State Insurance Regulatory Authority (SIRA) of New South Wales. Some medical expenses may not be affected by the retirement age, while others may cease after some more time from the retirement. Other forms of compensation benefits such as funeral expenses or lump sum payments are not affected by the worker hitting the retirement age.


Retirement and weekly payments

If you were injured during the course of employment, started receiving weekly payments for compensation and then reached the retirement age while receiving them, you can continue to be paid compensation for a further 12 months. If you sustained a work-related injury after you hit the retirement age, weekly compensation payments may be awardable for no more than 12 months from the date of the injury. The workers getting injured before 30 June 1985 will not be affected by the retirement age adjustments if they have been receiving weekly payments. Employers and insurers are required to notify workers on compensation at least 13 weeks before the cessation of their weekly payments so that the workers can make necessary adjustments. Written notification must state the exact date that the weekly payments will cease and the last payment will be processed.

woman a factory looking away

Retirement and medical expenses

The Workers Compensation Act 1987 (NSW) dictates that a retired person can benefit from medical expenses for a maximum of five years after the weekly payments ceased, depending on the seriousness of the injury or illness sustained. This statement excludes some type of medical expenses: the provision of crutches, eyes or teeth and other artificial aids or spectacles (including hearing aids and hearing aid batteries), the modification of a worker’s home or vehicle, and secondary surgery. Insurers should make a written notification to the workers at least 13 weeks before the cessation of medical benefits. The notification should document the date on which compensation for reasonably necessary medical treatment and services are due to cease and who the worker should contact with for related information. If you are confused about your rights and entitlements after reaching the retirement age, you can consult our experienced workers compensation lawyers conveniently located in Sydney, Parramatta, Wollongong, Liverpool and Penrith. They can offer you tailored advice by assessing your specific circumstances and clear your mind on whether you will still be able to receive workers compensation benefits after the retirement age.

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