*The contents in this blog relates to legislation in New South Wales.
An injury whilst working can have a dramatic effect to your health, family, and more importantly your financial circumstances, particularly if you have ongoing treatment for an injury closer to your retirement age.
The questions start arising when you reach retirement and still need workers compensation entitlements. Our lawyers at Turner Freeman are here to guide and assist with at times of need.
The retirement age currently is 67 years of age.
Weekly Wages for workers compensation over the age of 67 years:
If you have been injured at work, while you are older than the retirement age, than insurers are able to provide your weekly payments at a limit of 12 months after your first date of incapacity. Workers compensation in NSW limit workers’ rights and access to compensation once a claimant reaches their retirement age.
If however, you were injured before your retirement and your workers compensation claim has been accepted and you are currently receiving weekly payments, than NSW workers compensation cease 12 months after you reach your retirement age.
Medical and Treatment expenses for workers compensation over the age of 67 years:
In addition to the weekly payments set out above, you are entitled to receive reasonable medical, hospital, pharmaceutical expenses. This may also include payment for rehabilitation and in some circumstances home care. It also will include payment for travelling expenses in attending medical or other treatment.
Should you be assessed as having 10% whole person impairment or less, the medical and treatment period is claimable for 2 years commencing on the date on which the claim for compensation was first made or the last date on which you received weekly payments.
If your injury has been assessed for a whole person impairment to be at least 11% or more, you are entitled to receive 5 years from the date on which the claim for compensation commenced or the last date on which weekly payments of compensation ceased to be made. If you are assessed at 21% or more this support can be lifelong.
Should you require further medical assistance, an injured worker would need to rely on Medicare or private health insurance for future medical needs once the time limit as set out above expire.
Finally, under section 59A(6) of the Workers Compensation Act 1987, time limitation on medical related expenses does not apply to any compensation sought in respect of any of the following medical or related treatment:
- The provision of crutches, artificial members, 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;
- (c) Secondary surgery (secondary surgery must be directly consequential on the earlier surgery and must be approved by the insurer within two years after the earlier surgery was approved).
Get in touch with us
If you find yourself suffering from a workplace injury or know someone who does, our qualified lawyers at Turner Freeman are able to help.