Q: Can I retire and collect WC salary along with my pension?
I have been on WC for over 4 years due to a back and nerve injury at work. I continue to work in order to get more years toward my retirement, however, the pain is getting too unbearable to work. I have 24 years in the NY State Teacher retirement system. If I retire, would I be able to receive WC salary along with my pension and social security? My WC case is still open.
A:
You should consult a workers compensation lawyer. Workers compensation by definition is for "workers." If you retire that means you no longer work.
Your future medical care is critical. Years ago in other jurisdictions we would do washouts or full and final settlements. Today the biggest value in an older workers comp case is future medical.
Complicated calculations used to include Medicare set asides and other considerations.
You might only retire once. Don't mess that up without a comp lawyer. Their fees are controlled by the comp board and the value they will add is likely to far exceed the small percentage they receive based on the benefits they actually recover for you.
Barry E. Janay agrees with this answer
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