New York Worker's Compensation - Help For Injured New York Workers

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  1. #1
    Join Date
    Feb 2011
    Posts
    88

    Post WC and Retirement

    Hi I have just been put out of work due to my injury. I am going to be eligible for retirement in a few months. If I retire will my WC benefits stop? I thought I heard somewhere that if you voluntarity take yourself out of the work force you are no longer eligible for WC.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: WC and Retirement

    Depends.
    Voluntarily retirement does not mean you don't intend to continue working...only that you are exercising your right to take the retirement income benefits.
    A "disability" retirement may be something different.

    If you are taking SSA normal retirement, there wouldn't be any offset taken. You may still be required to establish a WCMSA/setaside arrangement for any money you take to close the medical in your WC claim.

  3. #3
    Join Date
    Feb 2011
    Posts
    88

    Default Re: WC and Retirement

    Im eligible for a NYS pension. Not Social
    Security

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: WC and Retirement

    Fine... IS it "disability" retirement, or "normal full age" retirement. Makes a difference.
    And, you should probably contact the NYS retirement office, they would have the correct answer.
    How your situation may be different than that of another IW.

  5. #5
    Join Date
    May 2010
    Posts
    357

    Default Re: WC and Retirement

    I will keep my answer very genaric....I was injured, being union my family was only covered for 30 months due to a work injury...as that dead line got closer we decided it was better to go the retirement way...So first had to get acepted to SS and then submit forms to union.....We made the deadline by 2 months, my family is coverd, Im on Medicar, SS, and still get wc checks....Not even close to retirement age.

  6. #6
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Default Re: WC and Retirement

    As BvIA stated, a normal state retirement form the job you performed would not affect your WC case BUT, and remember this, after you retired, you planned on working ANOTHER job. Why, because the NYSWCB can rule that you took yourself from the workforce by retiring and not planning on looking for work. I'll provide more information tomorrow as I'm off to bed.
    Knowledge is a beneficial tool for the injured worker!

  7. #7
    Join Date
    Feb 2011
    Posts
    88

    Default Re: WC and Retirement

    Thanks. I'm anxious to hear what you have
    To say. I'm 56 and don't want to work
    After I retire

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: WC and Retirement

    You still haven't answered the question... IS it "disability" retirement, or "normal full age" retirement. Makes a difference.
    , You really need to be discussing this with the dept/office that handles the retirement benefits/application.
    This is not a WC issue.

  9. #9
    Join Date
    Feb 2011
    Posts
    88

    Default Re: WC and Retirement

    I am eligible for my NYS PENSION at age 55. I am 56 and have 25 years in the system Due to my injury I can also apply for
    A disability retirement b/c my injury is likely to continue to get worse. I am trying to decide what retirement I should apply for and would EITHER jeopardize my w/c case

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: WC and Retirement

    Normal retirement shouldn't affect a comp claim.
    Disability retirment could.
    Check with the people handling the retirement system. That is where you'll get the correct answer.

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