Workers’ Comp Benefits For Ages 35 To 44: Age Matters When It Comes To Compensation

If you’re between the ages of 35 and 44, you’re in the mainstream of your working life. You’ve put in time at the entry level and worked your way up. Your wages have risen over the years. Outside work, you concentrate on friends, family, hobbies or other aspirations, such as owning your own business. The last thing you might expect is a work-related accident that sidelines you with an injury and places you in need of workers’ compensation.

What happens to you, your family and your dreams if you are far from retirement but find yourself no longer able to work? You should know that turning 40 can make a difference in the benefits you might receive.


An injury that keeps you out of work short-term is one thing. In that case, workers’ compensation might kick in and cover your medical expenses and lost wages before you return to work. If you are injured severely enough to become permanently disabled, things can become complex and vary with your age. You might file a claim or a lawsuit, and the workers’ compensation carrier might agree to settle. In deciding on a settlement offer, carriers apply a rating that includes your age. They also look at your medical records, employment information and details of the accident that led to your injuries.

In many cases, the midpoint for age-related changes to your settlement is age 40. When you’re younger than 40, carriers might assume you will have time to heal, recover and eventually return to work. When you’re older than 40, they might decide you will need benefits for life. But if you’re injured at a younger age and cannot recover, you still need a settlement that will allow you to live your life for many more years. After all, you won’t be building retirement savings or other funds via work if you can’t work.


Workers’ comp for ages 35 to 44 can be difficult to navigate because you are right on the threshold of these age-based rate modifications. It’s tempting to trust that the insurance company will do the right thing, but you should never put your future into the hands of a workers’ compensation carrier. It is in their interest to limit claims payments whenever possible by following a series of complex rules and ratings – a process you might not even be aware is occurring.

Instead of trusting a biased policy carrier to make decisions that are good for your future, consider working with an experienced workers’ compensation attorney on your WC benefits claim. A professional who is familiar with the ins and outs of the ratings and settlement process can help you ensure you receive the maximum benefit that is fair and appropriate for your injury and your case.

At Levine Benjamin, we have been helping people win disability benefits cases for years. Whether you are experiencing a mental or physical setback following a work-related injury or illness, we can help you gather or organize evidence and navigate the complex workers’ compensation structure to ensure timely, appropriate benefits.


  • Compensating Workers for Permanent Partial Disabilities
Category: Workers' Comp
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