Accepting Retirement Pension While on Workers Compensation

Tim Kennedy is certified as a specialist in the practice of Workers' Compensation law by the Pennsylvania Bar Association's Section on Workers' Compensation Law as authorized by the Pennsylvania Supreme Court

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      Accepting a pension or retiring from a job while receiving workers' comp in Pennsylvania, or while pursuing a workmens' compensation claim, will always have very serious impacts on your rights. Any form of retirement should only be considered after confering with an attorney for a detailed assessment of how your rights will be or may be effected under the specific circumstances of your claim. Taking a pension will often completely destroy your workers' compensation claim. A voluntary retirement, even without any pension, can also invalidate your rights to benefits. This true even where the pension you accept is a "disability pension" specfically motivated by your inability to work due to the effects of your work injury.

      Where a worker accepts a retirement, the argument arises that the reason for any lost time from work thereafter is due to the voluntary acceptance of a retirement, not merely disability from the job due to the work injury. If you have retired from a position, you would have no expectation of wages from that position -- therefore it would follow that you would have no expectation of workers' compensation benefits for loss of wages you no longer have any right to receive after a retirement.

      However, there is room under the Workers' Compensation Act for narrow exceptions. The retirement from a particular job one can no longer perform due to a work injury may not amount to a full retirement from the work-force generally, yet your work injury may also prevent you from pursuing other occupations you were intending to take on after retirement from the date of injury employer. This may mean that when a retirement is handled just the right way, the injured worker may retain some or all of his workers' compensation rights -- but expect issues to be raised and expect to fight very hard to gain or keep workers' compensation rights after accepting a retirement or pension.

      In many cases, even if workers' compensation wage loss rights can be preserved after a retirment with a pension, the employer and workers' compensation carrier will be entitled to reduce the amount of compensation they pay, based on the pension you receive.

      For these reasons, it is always best to attempt to coordinate any retirement rights with your workers' compensation rights. Ideally, you should work with an experienced work injury attorney to secure your rights under the Workers' Compensation Act first, then to convert those rights into the largest possible lump sum settlement -- compensating you for your loss of earning power not only in the job you may need to retire from, but also in regards to the general labor market, where you will be less able to earn a full and fair wage than a competing worker not saddled with a disability triggered by a work injury. Only when you have come to terms for settlement of your workers' compensation rights should you accept a pension or retirement from your pre-injury employer.

      Of course, while this is the best course in most cases, your situation may differ, so that no blanket rule can be taken as specific legal advice.

      To get a full understanding of your rights when considering a retirment or accepting a pension while getting workers' comp, or while pursuing a claim for workers' comp, call Tim Kennedy right now, at 484-453-8144.

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CLIENT TESTIMONIALS:

I had a serious work related injury. I hired Tim after speaking with him and feeling completely at ease with his professionalism and demeanor. My case became complicated over time. Throughout the process I always felt that Tim had my best interest in mind. With every phone call or email, Tim was very informative and proactive, always explaining things in a way I could understand. He worked hard for me in his dealings with my employers insurance company. He did this so much so, the insurance company actually fired their own attorneys in the middle of litigation. In the end, Tim was able to negotiate a substantial settlement, including taking the burden off of me of an excessive amount of unpaid medical bills. I would highly recommend Tim.
                - B (Workers Compensation client)

"I" truly, Love / Respect and Appreciate - "Attorney: Timothy James Kennedy" for, his (highly, professional / unselfish {going, above and beyond} / highly, dedicated) approach in working with, me / my, un-fortunate circumstance(s) and my (unfortunate), legal dilemma... and, will (with; every, opportunity) be highly, recommending his legal services to (all) family / friends and strangers found in-need of such, ser-vices!!!
"Attorney: Timothy James Kennedy" is (not, only) a, true professional -He is a, loving / caring / sharing human being who (not, only) cares about his, cases and reputation; but, cares (also) for the lives and the families of those he so-caringly and so-humbly, represents!!!
He will (always) be appreciated and will never - ever - be, forgotten. "I" (on, behalf of myself and my, family) appreciates the fact that, He was willing to stop-by and become, "The Good Samaritan" in our, lives!!!
                - Michael (Workers Compensation Client)

Timothy is a really great lawyer. He knows what to do, and how to handle really sticky situations. When I first came to him, I had very little to back me up, but we mainly him lol pulled through and got the job done with GREAT results. If I could back in time I would still pick him as a lawyer 1000 times more. He took his time, talk to me like I was a person and not a dollor sign, and made lawyer jargon understandable english for me. I truely felt comfortable with him handling my case, and I never doubted him since the very first meeting. I also like that he gives his personal direct number to get in contact with him whenever you may need him, and he always responds if not that same day, the very next. The only bad thing I would have to say is its a shame I would have legal trouble to work with him again lol.
                -Trina (Workers Compensation Client)

Highly knowledgable in the law with excellent people skills..I highly recommend Mr. Kennedy.
                - Current Workers Compensation Client

As these testimonials reflect, we work very hard to satisfy our clients and to ensure the best results in handling their claims. Call us now to let us explain how we can help you advance your rights and interests, so that you too can become a satisfied client.
                -Tim Kennedy
                (484) 453-8144

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