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Age may influence how an Orange County workers’ compensation claim is evaluated, but it does not reduce your right to benefits. In many cases, age-related factors can lead to higher compensation, not less.
In California, all employees—regardless of age—are entitled to workers’ compensation benefits if they suffer a job-related injury or illness. The law does not limit eligibility based on how old you are. That said, age can affect how your claim is assessed and how long benefits last, especially in cases involving permanent disability or work restrictions.
Older workers are more likely to suffer serious or long-lasting injuries from the same types of accidents that younger workers recover from quickly. Pre-existing conditions, such as arthritis or joint degeneration, can also make recovery more difficult. Insurance companies may try to argue that age-related conditions caused the worker’s disability, not the work injury. However, California law clearly states that if a work injury aggravates or accelerates an existing condition, the entire injury is compensable.
Age becomes a direct factor when calculating Permanent Disability (PD) ratings in California. The state uses a formula that includes your:
Older age can increase the percentage of permanent disability, resulting in higher compensation for injuries that limit earning capacity.
Employers and insurance carriers also consider age when evaluating whether a worker can return to their previous job. Older workers may have a harder time finding alternative employment, especially if they worked in physically demanding roles. For this reason, older injured workers may be more likely to qualify for supplemental job displacement benefits (SJDB), vocational retraining or education vouchers, and longer-term disability benefits.
If you or a loved one has returned to work after an injury and are now facing unfair treatment because of your age and condition, contact our experienced Orange County age discrimination lawyers today.
Q: Can my employer or insurer deny my claim because of my age?
A: No. California law prohibits denying workers’ compensation benefits based solely on age. If the injury happened while performing your job, you are entitled to benefits.
Q: What if I had a pre-existing condition?
A: If your work injury aggravated or worsened a pre-existing condition, you are still eligible for benefits. California’s workers’ comp system holds employers liable for the entire injury if work contributed to the worsening of that condition.
Q: Will my age lower the amount of compensation I receive?
A: Not necessarily, as your age may actually increase your permanent disability rating, which can raise your overall compensation. The rating formula considers how age affects your ability to return to work.
Q: I’m near retirement. Can I still file a claim?
A: Yes, you can file a workers’ comp claim at any age. Retirement status does not prevent you from receiving benefits if the injury occurred while you were working.
Q: Should I talk to a lawyer?
A: It is highly recommended. Older workers often face more scrutiny from insurers. An Orange County workers’ compensation attorney at Aegis Law can help protect your rights, fight claim denials, and ensure you receive all benefits available to you.