Fact Sheet 22: Worker’s Entitlements at Retirement Age

A person who is injured is entitled to receive compensation on an ongoing basis until they are fit to resume their pre injury employment. (Refer to fact sheets on weekly entitlements.) However, when a person reaches retiring age and is eligible to receive a pension, the weekly compensation will only continue for 12 months after the first anniversary of the date.

 

For example a sixty-year-old male who is injured and cannot return to work and eligible to receive a pension at 65, will receive benefits until their 66th Birthday.

The law is different for females because of the changes to social security and the retiring age for a female may vary.

For example, the current retiring age for females is 63 years of age.

A person who is injured after retiring age is entitled to receive compensation for 12 months after the period of incapacity.

EXAMPLE A – A 75-year-old actor breaks a leg on 4th April 2003, and is certified unfit for work from that date, is entitled to receive compensation up to the 4th April 2004.

EXAMPLE B – A 68 year old shop assistant injures her back in January 2003, however does not cease work until March 2003, would receive compensation for 12 months until March 2004.

The termination of benefits only relates to the weekly wage entitlement, it does not relate to any other entitlement, for example workers can continue to receive

  • Ongoing medical including surgery
  • Physio or other therapy
  • Travel expenses
  • Artificial aids, e.g. hearing aids
  • Chemists expenses i.e. prescriptions
  • Lump sum entitlements for permanent injury
  • Pain and suffering entitlements (provided they meet the threshold)


Download more info:
Click here to download Fact Sheet 22: Worker’s Entitlements at Retirement Age

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