If you are doing work for a for-profit business and getting paid for it, New York Workers’ Compensation Law says you are eligible for benefits if you are hurt on the job. It does not matter how old you are.
Perhaps a better way of asking the question in the title of this post is, “Can I get workers’ compensation if I’m retired and collecting a pension or Social Security?” This is a fair question for anyone to be asking these days. While 65 is a traditional retirement age, many people do not leave the workforce until they are much older. Some people like working. Others feel they can’t afford to retire.
Regardless of the reasons, employees hurt on the job are eligible to make a claim for benefits under the state’s workers’ compensation system. However, it is possible that if you are working in retirement and you are drawing on Social Security funds as one source of income, typical workers’ compensation benefits could be affected.
Here’s an example
For example, consider this scenario. You are a 70-year-old collecting Social Security but working part time at the local Home Depot. If you are injured on the job, you are eligible to have your medical care paid for by workers’ compensation. You might also be able to seek wage recovery cash benefits.
If you are a working retiree and you develop a medical condition due to exposure to hazardous materials from your former career, you should still be able to have your medical care paid for by workers’ compensation, but wage replacement benefits would likely not be available.
Do you have questions?
Rather than make any assumptions, though, it’s best to speak with an attorney who knows the New York system.