When you’re approaching retirement age in Georgia, getting hurt on the job can be extra worrying. Do you need to change your retirement plans? Will you still be covered by workers’ compensation once you retirement?
At Perkins Studdard, we get questions like these every day. In this article, we’ll go over how retirement can affect a worker’s compensation case in Georgia and how an experienced lawyer can help you protect your right to benefits.
What Happens If You Are Already Social Security Retirement Age And Get Hurt On The Job?
You become eligible for Social Security benefits when you reach a certain age, but many people, either through choice or necessity, opt to keep working. This means that no matter how old you are, if you suffer a work-related injury, you should be eligible for workers’ compensation benefits. In Georgia, those benefits include:
- Medical Benefits: The workers’ compensation insurance company must pay for all necessary medical treatment with authorized medical providers related to your workplace injury. This includes doctor visits and hospital care, surgeries and medical procedures, prescription medications, physical therapy and rehabilitation, and mileage reimbursement for medical appointments.
- Temporary Total Disability (TTD): When you can’t work at all because of your on-the-job injury, you can receive TTD benefits. These pay two-thirds of your average weekly wage before the injury, up to a maximum amount set by law ($800 per week as of 2025). TTD benefits can last up to 400 weeks from the date of injury for non-catastrophic injuries.
- Temporary Partial Disability (TPD): If you can work in a limited capacity but earn less than before your occupational injury, TPD benefits help make up some of the difference. You’ll receive two-thirds of the difference between your pre-injury wages and what you’re able to earn now. These benefits can last up to 350 weeks from the date of injury.
- Permanent Partial Disability (PPD): These benefits compensate you for permanent impairment from your work injury. After reaching maximum medical improvement, your doctor will assign an impairment rating as a percentage. This rating determines how much you’ll receive based on a formula that considers the affected body part. Georgia law assigns specific values to different parts of the body.
- Catastrophic Injury Benefits: For extremely serious injuries (such as paralysis, severe brain injuries, certain amputations, and some other similar injuries), Georgia provides additional protection. Catastrophic designation means you get medical benefits for life as well as income benefits that can continue beyond the regular 400-week limit.
This is what Georgia law says you’re entitled to, but some workers’ compensation insurance companies may try to stop your wage loss benefits checks by claiming that you would have retired anyway. This isn’t always the case, and the insurance company shouldn’t stop your benefits for that reason.
Does Your Workers’ Compensation Case End When You Retire?
No, your workers’ compensation case doesn’t automatically end when you retire in Georgia, but the situation is complicated.
When you retire, your workers’ compensation claim remains open if you still have ongoing medical needs or unresolved benefit claims. Your right to medical treatment continues as long as it’s related to your work injury. Any permanent partial disability (PPD) benefits you’re entitled to remain payable regardless of retirement. Settlement options also remain available even after you’ve retired.
That said, Georgia law has some gray areas when it comes to retirement and workers’ compensation. If you retire because your work injury makes it impossible to continue working, you have a stronger case for continued wage benefits. If a light-duty job wasn’t truly suitable for your limitations, retiring from it may not stop your benefits. Additionally, if a doctor takes you completely off work after you’ve retired, you might qualify for wage loss benefits despite having previously retired.
Medicare and Social Security Considerations
Retirement often means you’ll be receiving Medicare and/or Social Security, which can interact with your workers’ comp benefits.
Social Security Benefits
Social Security is a monthly benefit paid by the Social Security Administration when you reach retirement age or become disabled and qualify for Social Security Disability. These benefits interact with workers’ compensation because both programs cover you while you can’t work. If you receive Social Security Disability benefits, your Social Security check can be reduced because you’re receiving workers’ compensation.
The Social Security Administration has a formula for determining whether your benefit will be reduced. It factors in how much you get from workers’ compensation as well as your average current earnings. Sometimes, the settlement of your workers’ compensation case can reduce or eliminate your Social Security offset.
Medicare
Medicare is government-subsidized health insurance that you can apply for at age 65 or when you have certain disabilities. Medicare interacts with workers’ compensation in two primary ways:
- Conditional Payments: Conditional payments happen when Medicare pays for treatment that should be paid by workers’ compensation. In this situation, Medicare will want to be reimbursed for the payment it made that workers’ compensation should have paid.
- Post-Settlement Treatment: Medicare wants you and the workers’ compensation insurance company to make sure its interests are included in a workers’ compensation settlement. This is often done through setting up a Medicare Set Aside account.
These interactions with Social Security and Medicare can be complicated, so if you don’t understand what you’re doing, it’s very easy to make mistakes. If you receive either or both Social Security and Medicare, an experienced workers’ comp attorney can help ensure you receive all benefits you’re entitled to while avoiding any potential compliance issues.
Settlement Options After Retirement
Retiring doesn’t prevent you from settling your workers’ compensation case. However, the settlement value might be affected since future wage loss benefits may be reduced in settlement calculations (if retirement was voluntary).
Medical costs remain a key factor in settlement negotiations regardless of retirement status. Medicare’s interests must be factored into any settlement if you’re Medicare-eligible, which often requires additional documentation and planning with your workers’ compensation attorney.
Can You Start Getting Workers’ Compensation Wage Loss Benefits After Retiring From A Light-Duty Job?
Nothing in Georgia law says that you can’t, but it’s generally harder to do. The reason is that your employer has provided you with a light-duty job. If you choose to retire instead of working that job, a judge is probably going to say that your retirement, not your injury, is causing your wage loss.
That aside, there are ways that you can still draw workers’ compensation wage loss benefits after retiring from a light-duty job. This happens when the job isn’t suitable for you, and you have to retire as a result. In addition, if a doctor recommends you stop working as a result of your injury (even after retirement), you may be eligible for continued wage loss benefits. This often happens if you end up having surgery as a result of your workers’ compensation injury.
Additional Considerations When Retiring After a Work Injury
When planning your retirement after a work injury, it’s smart to look at the long-term financial impact. Many injured workers don’t realize that timing can make a big difference in their benefits.
For instance, if you’re considering retirement but haven’t yet reached your maximum medical improvement (MMI), you might want to wait. MMI is when your authorized treating physician believes your condition won’t get any better. Reaching this milestone before making retirement decisions gives you a clearer picture of your medical future and potential ongoing limitations.
Also worth noting is that retirement decisions affect not only your workers’ compensation benefits but also other financial aspects of your life. Tax implications can vary based on when and how you receive benefits. Speaking with a financial advisor who has experience with both retirement planning and workers’ comp claims can help you avoid unexpected tax consequences.
How Returning to Work Part-Time During Retirement Affects Benefits
If you’ve been injured but can still perform some job functions, you might qualify for temporary partial disability benefits while working part-time. These partial benefits can help bridge the gap between your pre-injury wages and what you’re able to earn now. This option works well for many older workers who want to scale back their hours without fully retiring.
Dealing with Insurance Companies During Retirement Years
Insurance companies often handle claims differently when an injured employee is near or past retirement age. They may try to argue that your medical conditions are age-related rather than work-related. Having strong medical documentation that clearly ties your conditions to your work injury is key to countering these arguments.
It’s also common for insurance companies to offer quick settlements to retiring workers, hoping you’ll accept less than you’re entitled to receive. These offers might seem attractive, especially if you’re facing financial pressure, but they rarely account for the full value of your claim. When an insurance adjuster contacts you about the settlement, it’s wise to consult with a workers’ compensation lawyer before agreeing to anything.
Planning for Healthcare Costs After Retirement with a Work Injury
Healthcare costs can mount up quickly when you’re dealing with a work-related injury after retirement. The reality is that many injured workers don’t account for injury-related medical issues that might persist throughout retirement. Even after your case settles, you might face more medical expenses years later.
This is why it’s so helpful to work with a lawyer who can help estimate your lifetime medical needs related to the injury. They can ensure these costs are factored into any settlement offers you receive.
Estimating Your Future Medical Needs
Predicting future medical costs isn’t easy, but it’s a critical part of planning your retirement after a work injury. Medical bills tend to increase as we age, and this is often amplified by work injuries that can grow more painful or limiting over time.
First, you’ll need to consult with your authorized treating physician about your long-term prognosis. Most work injuries don’t simply heal and disappear; they evolve over time and often require ongoing care that includes:
- Prescription medication
- Surgical interventions
- Regular physical therapy and rehabilitation services
- Medical equipment and assistive devices
- Transportation to medical appointments
- In-home care
Your doctor can explain how your condition might progress over the next 5, 10, or 20 years. This medical opinion forms the foundation of any reliable cost projection. It is also important to consider that Georgia workers’ compensation law often limits the time from your injury in which you are eligible to receive medical benefits. So, you need to not only plan for the treatment you will get but when you will need to get that treatment.
State-Specific Rules That Affect Older Workers
Georgia has certain rules that apply to workers’ compensation cases for older workers. For example, there are time limits on how long you can receive certain benefits, which can impact retirement planning.
Under O.C.G.A. § 34-9-261, temporary total disability benefits for non-catastrophic injuries are capped at 400 weeks from the date of injury. For workers injured in their 50s, this means these benefits might end shortly before Social Security benefits fully kick in, potentially creating a financial gap. Termination of these benefits could force an earlier-than-planned retirement if you haven’t reached maximum medical improvement.
Georgia also has a 350-week cap on temporary partial disability benefits under O.C.G.A. § 34-9-262. This limitation is particularly relevant for older workers who transition to lower-paying positions after an injury. For instance, if you’re working a light-duty position at reduced wages and your TPD benefits are approaching the 350-week mark, you’ll need to evaluate if continued work is financially viable without this supplemental income.
Georgia law contains age-specific provisions regarding permanent partial disability (PPD) benefits as well. While these benefits compensate for permanent impairment regardless of wage loss, the calculation method can put older workers at a disadvantage. The American Medical Association’s Guides to the Evaluation of Permanent Impairment, which Georgia doctors must use to determine PPD ratings, does not distinguish between younger and older individuals when it comes to determining PPD ratings. So, an older individual may end up receiving the same PPD rating as a younger individual even though the older individuals condition more severely impacts them in their daily activities.
Does Retirement Prevent You From Settling Your Case?
No. Retirement doesn’t prevent you from settling your case. But it could affect your settlement offer from the insurance company. As explained earlier, retirement sometimes limits your right to future workers’ compensation benefits. When determining your settlement, the insurance adjuster and other employees at the workers’ compensation insurance company will examine what your case is going to cost them in the future. If you’re going to receive fewer benefits because of retirement, the insurance company will almost certainly offer less money.
Because of the significant impact this can have on a workers’ compensation settlement, it is very helpful to discuss retirement with an experienced workers’ compensation attorney before you actually finalize your decision to retire. An attorney can help answer more specific questions about your particular situation and explain how the choices you make regarding retirement will affect your your right to workers’ compensation benefits in the future.
Do You Have Questions About How Retirement Affects Workers’ Compensation?
Retiring after a work injury in Georgia doesn’t end your right to workers’ compensation benefits. You can still get medical treatment, wage loss payments, and even settle your claim based on your needs. Timing your retirement around your medical progress, understanding how Social Security and Medicare offsets work and planning for long-term care costs all help protect what you’ve earned. By weighing your options and watching key deadlines, you can make informed choices that protect your benefits as you move into retirement.
If you’re weighing retirement with a work-related injury, let the attorneys at Perkins Studdard guide you. Contact our team today for a free consultation. We’ll review your case, explain how retirement rules apply to you, and help you secure the benefits you need. Call us at 770-285-0819 or fill out our online form to get started.
