Massachusetts law protects every employee injured on the job, regardless of their age. Everyone has a legal right to workers’ compensation benefits if they get hurt at work. For those over 55, however, age can significantly change the way a claim unfolds.
Insurance companies often use a person’s age and health history to try to limit the money they pay out. Older workers injured on the job should understand the key differences they face in a claim and how strong legal guidance can help.
Fewer injuries but higher costs
You might find this fact surprising: workers aged 55 and older generally have fewer workplace injuries than younger colleagues. Their experience and greater caution help keep them safer. However, when an injury does happen, claims are often more severe and last longer.
Workers’ compensation claims for older employees are typically 35% more costly than those for younger workers, according to industry data. This higher cost comes from several factors unique to the aging process, including:
- Older workers generally face longer recovery times because the body heals more slowly as they age
- Their injuries are frequently more severe, raising the risk of permanent disability
- The need for more time away from work directly increases wage replacement costs for the insurer
A more extended period away from the job often means a greater financial impact on workers and higher payouts for the insurance company, which is why insurers scrutinize claims so closely.
Two major roadblocks older workers face
Insurance companies typically use two primary strategies to challenge claims made by older workers. If you are injured at work, you should be prepared for these tactics.
Pre-existing conditions and causation disputes
Insurers often attempt to use your existing health history—conditions such as arthritis, high blood pressure or diabetes—as a basis for denying coverage. They may argue your disability is due to “old age” or a pre-existing condition, not the work injury itself.
The law in Massachusetts states that for an injury combined with a pre-existing, non-compensable condition to be covered, the work injury must be a “major contributing cause” of the current disability, but it does not need to be the predominant or primary cause.
This is the primary argument older claimants must win. Insurers rely on medical records to prove your disability is not the fault of the job. You must prove the work incident was a major contributing cause that aggravated or worsened the underlying condition.
However, you can receive workers’ comp benefits only to the extent the work injury remains a major contributing cause (i.e., the insurer is generally not liable for the pre-existing condition itself).
Retirement-focused settlement pressure
The second tactic involves pressuring workers over 55 to accept a lump-sum settlement. The insurance carrier may frame this as a retirement package. They want you to take a single, one-time payment instead of long-term weekly compensation for recovery and lost wages.
These types of settlements can seriously undervalue your future medical needs and actual loss of earning power. Accepting an inadequate settlement can prematurely push you out of the workforce without the financial security you deserve.
Protect your legal rights
Remember this core principle: Insurers cannot use age as a basis to deny workers’ compensation benefits in Massachusetts. The law protects you, whether you are 25 or 75.
Skilled legal counsel is essential to protect your future. An attorney helps you level the playing field against a powerful insurance company, which only looks to reduce payments.
Workers’ compensation attorneys can help in several ways, including:
- Fight causation disputes by securing the medical evidence you need to prove the work injury is the “major contributing cause” of your disability.
- Fight for the maximum benefits, which, in cases of permanent and complete inability to work in any capacity, may include permanent and total incapacity benefits.
- Fully evaluate all lump-sum settlement offers to ensure the proposed amount covers your lifetime wage loss and future medical treatment, not just an easy way out for the insurer.
A skilled lawyer ensures that your claim receives the rigorous attention it deserves for your future, especially when your financial stability likely depends on it.
Do not let age undervalue your claim
Age can introduce complexities into a workers’ compensation claim, but it is not a barrier to receiving benefits. Older workers can face a unique, difficult battle to prove that their injury is the major contributing cause of disability and to secure fair settlements.
Do not let an insurance company use your age or health history to deny or undervalue your rightful claim. If you are an older worker injured on the job in Massachusetts, skilled legal guidance is essential to ensure your claim is handled correctly from the outset.
