Montana Supreme Court Ruling Affects Work Comp Benefits-What About Tennessee?

Yesterday, the Montana Supreme Court upheld the a state law that allows insurance companies to cut off workers' compensation payments for those suffering permanent total disability when the disabled party is eligible for Social Security retirement benefits.  In Court's ruling, the Justices reasoned that workers' compensation benefits for permanently and totally disabled workers are meant to assist them for their "work life," and not into retirement.  

Tennessee is similar.  If you are injured on the job in Tennessee and have a permanent, total disability, you are entitled to receive benefits until your sixty-fifth (65) birthday. However, If you first become totally and permanently disabled after age 60, benefits are payable for a period of 260 weeks, regardless of age.

It is important to note that, with certain exceptions, workers' compensation benefits are reduced by the amount of Social Security (old age benefits) attributable to your employer.   

Your future social security benefits can be affected by your workers' compensation benefits.  This can mean a complex settlement that, if structured poorly, can affect whether (and how much) you receive from Social Security.  

If you have been injured on the job and have questions about whether you workers' compensation benefits will affect your social security, call us.