Seniors and Workers’ Compensation Claims

At Silverman, McDonald & Friedman, today, our workers’ compensation lawyers in Wilmington, Seaford and Newark have the experience and resources to help you when a workplace accident or illness prevents you from working. We are skilled at countering many of the arguments insurance companies use to try to deny your claim or to force you back to work before you are ready.

According to Claims Journal, the number of workers 65 and older is increasing dramatically. Between 1997 and 2007, it grew by 100%. The number of workers between 75 and older increased by 172%. By 2020, the estimates are that 25% of people 55 and over will be working and one in five people 65 and older will be working – according to data from the National Institute for Occupational Safety and Health.

Some of the reasons for this increase in the number of senior workers is that life expectancy is increasing, retirement benefits aren’t enough to pay all the bills, and the desire of seniors to be doing work they like. Many seniors just like being productive.

Why senior worker injuries are more severe

Senior workers, according to the Claims Journal article, don’t’ necessarily have a greater rate of wok injuries than younger workers. They do, however, need more recovery time once they reach age 60. Work injures among older workers are also more likely to be fatal.

• Older workers are more likely to develop disabilities when they’re hurt which prevents them from returning to work.
• Older workers are more likely to be involved in motor vehicle crashes
• Senior workers are more likely to fall
• Diabetes and obesity among older workers leads to more day away from work when workplace accidents happen

The article, which has an insurance defense focus also claims that:

• Insurance companies are more likely to claim older workers have pre-existing conditions Asserting a worker’s injuries were due to another medical problem can be used to deny or limit a work injury claim
• The body starts to wear down as workers age. For example, older workers are more likely to complain of strains and sprains than younger workers. Seniors are more likely to suffer spinal disc damage.
• Older workers, the article also claims, may lose some of their mental abilities and focus – which can make it more likely that accidents happen

That workers may have more physical and mental difficulties does not mean they shouldn’t work. It does NOT mean they can’t file workers’ compensation claims. A senior worker who suffers as a workplace accident has just as much right to demand work loss benefits and medical benefits as any younger worker who is hurt on the job.

The Department of Labor does recommend that employers consider changes in ergonomics and job design to accommodate older workers. The National Institute for Occupational Safety and Health (NIOSH) has created a virtual center, a National Center for Productive Aging and Work, to address senior work issues. The Center recognizes the many contributions and value that senior workers bring to any job.

Speak to a strong Delaware workers’ compensation advocate today

For help with any work injury or work illness claim, please call Silverman, McDonald & Friedman at 302-888-2900 or fill out our contact form to make an appointment. We represent workers in Wilmington, Newark, and Seaford.

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