Is Age a Factor in a Worker’s Comp Case?

Hurt on the job in Chambersburg, Gettysburg, or elsewhere in Pennsylvania? You have the right to file for workers’ comp benefits. One thing you may not be aware of is that age can be a factor in a workers’ comp case in Pennsylvania. It is not necessarily important in every case, but it can be relevant, especially for those who sustained bad injuries. Here, our Chambersburg workers’ comp lawyer provides an overview of key things you need to know about age and workers’ compensation cases in Pennsylvania.

Age Does Not Affect Basic Eligibility for Benefits

The Commonwealth of Pennsylvania explains that your age will not directly qualify you for or deny you from workers’ comp benefits. The law guarantees coverage to all employees injured in the course of employment, regardless of age. A 22-year-old warehouse worker in Chambersburg and a 62-year-old machinist in Gettysburg have the same right to medical care and wage-loss benefits if they suffer a job-related injury. Age cannot be used by an employer or insurer to deny or delay benefits. The key legal requirement is that the injury arose out of and in the scope of employment.

Note: That does not mean age is irrelevant. Quite the contrary, while age does not impact eligibility, it may shape how benefits are evaluated. Insurers and vocational experts often consider the injured worker’s age when assessing recovery timelines and permanent disability ratings.

Age May Influence Disability Duration and Work Capacity

Age can have an impact on health. For that reason, it can impact workers’ comp. Older workers typically take longer to recover from serious injuries. Pennsylvania courts have recognized that physical recovery expectations vary with age. When a worker’s Maximum Medical Improvement (MMI) is reached, physicians evaluate whether the person can return to their pre-injury job or any other suitable employment.

In practice, this means that an older worker who cannot reasonably retrain or transition into new employment may qualify for ongoing total disability benefits under 77 P.S. § 511.2. A younger employee with similar injuries might instead be considered partially disabled if retraining opportunities exist. The Workers’ Compensation Judge (WCJ) weighs age among other vocational factors when determining wage-loss duration.

The Bottom Line: Your age does not impact whether or not you are covered by workers’ comp in Pennsylvania. Young workers and old workers both have the right to file a claim if hurt within the course and scope of employment. However, age can have an impact on your case down the road, especially as it relates to recovery, impairment rating, and retrainability.

Call Our Chambersburg, PA, Workers’ Comp Attorney Today

At DiLoreto, Cosentino & Bolinger P.C., our Chambersburg workers’ compensation lawyer is standing by, ready to protect your rights. If you have any questions about age and work injury cases, please do not hesitate to contact us today for a free, no-obligation case review. With an office in Chambersburg, we represent injured workers throughout the broader Pennsylvania region.