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Minnesota Workers Compensation Lawyer Helps in ‘Forced Retirement’

On Behalf of | Oct 21, 2018 | Workers' Compensation

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If you are an older employee who suffered from an injury on the job, think twice before retiring early or quitting because of pressure from an employer. According to an article by, three-fourths of employees intend to work beyond the age of 65. In 1995, only 14 percent of employees planned to work that long. For many older employees, working longer is a matter of necessity because of retirement savings shortfalls and health benefits. If your employer is pushing you to quit or retire early instead of pursuing the living expenses and medical treatment due after a workplace accident or work-related injury, immediate contact a Minnesota Workers Compensation lawyer who understands your rights.

In some cases, your work injury could be the result of workplace stress. For example, heart attacks, ulcers and debilitating migraine headaches are often related to unrealistic work demands and lack of support in the workplace. On the other hand, if you are already receiving workers compensation benefits and worry they will end as you approach retirement age, reach out to an attorney to find out if you can continue to receive benefits. In some situations, a workers compensation lawyer in Minnesota argues why you should continue receiving benefits even after age 67.

Fighting after employer denies responsibility

As you pursue a workers compensation case, it’s important to know what to expect. It’s important to enlist the help of an attorney as early in the situation as possible to ensure the best outcome. An employer or insurers could deny responsibility for a workplace injury and refuse to pay benefits. In some cases, an employer claims the injury was due to the older worker’s existing health problems or age. A Minnesota attorney files a claim petition with the court or for a request for rehabilitation with the Department of Labor and Industry. If the insurer and employer denies the claim petition information, the courts schedule a settlement conference at the Office of Administrative Hearings. You will likely get an independent medical exam as part of the discovery process. If the matter is not resolved at the settlement conference, expect a hearing date with the court.

Deciding to choose retirement benefits instead

People receive workers’ compensation benefits to make up the financial gap when they lose the ability to work. If you were working past retirement age you likely wonder whether you can get retirement benefits as well as workers’ compensation benefits. In Minnesota, an employee receives workers compensation if they qualify until age 67. At that age, permanent total disability compensation ceases, but an attorney can refute the claim that you are not retired. In fact, if you are currently receiving workers’ compensation and will soon reach retirement age, consult with a Minnesota workers compensation lawyer to find out if you can continue to get payments.

Suffering from years of stress on the job

Another issue that comes up frequently for older employees is work-related stress and job burnout. According to a piece by, managers are now recognizing and dealing with job stress as a part of a legal obligation. Experts point to a rise in workers compensation cases that cite stress as a reason for physical or emotional disabilities. Members of the medical community notice a connection between workplace stress and a number of diseases and illnesses such as ulcers, migraines, depression and heart disease. Don’t let an employer discriminate based on your age or medical situation.

At the Law Office of Joshua Borken, we get results for injured workers. If you need help filing for workers’ compensation or your existing claim has been denied, talk to us about an appeal. For more information about hiring a Minnesota Workers’ Compensation Attorney, contact us today.