Age Discrimination Claims For Injured Older Employees

Are you an older employee who has been injured on the job? You might be eligible for an age discrimination claim. There is a chance that your claim will be handled differently than others simply because you are older.

The bottom line is employers are self-interested, meaning they might try to use your pre-existing health issues and age against you. Our Atlanta and Savannah workers’ compensation injury attorney is here to help injured workers of advanced age.

The Argument That Age Played a Role in the Accident

In some situations, employers will fight a workers’ compensation case, insisting age is the cause of the accident or partially caused it. Even if you have proven your competency in the workplace, the employer might insist age is the cause of the injury. However, proving one’s age caused the accident is difficult.

If there is anyone who witnessed the accident, he or she can testify on your behalf to help prove it wasn’t your age that led to the injury. If your employer attempts to argue that your age caused the injury or if you were terminated due to your age, you may have grounds to file an age discrimination lawsuit.

What About Preexisting Health Conditions?

An employer might also argue a preexisting health condition caused or contributed to the injury. Though almost everyone has suffered a prior injury or health problem, it is challenging to establish a causal relationship between the preexisting condition and the injury suffered at work.

If your employer contests your claim, insisting it was your age or a preexisting condition that led to your injury, ask for help. Our legal team will help prove it was your workplace activity that caused the injury.

The Law is on Your Side

Federal law bars age discrimination in the context of employment. Simply put, it is illegal to discriminate against older employees and job-seekers based on age. The protection extends to older individuals who are injured at work.

The mere fact that you are older and suffered an injury while working does not mean your age or preexisting condition is the cause of the injury. Our legal team will analyze your case, compile evidence, and fight for your compensation in accordance with the law.

Damages for Age Discrimination

Most importantly, your age discrimination claim will lead to workers’ compensation benefits. Our mission is to maximize the value of your claim, ensuring you receive indemnity payments and additional support, such as durable medical equipment.

If it can be proven your employer discriminated against you for your age, it might also be possible to obtain additional compensation. As an example, victims of age discrimination often receive the following in addition to lost benefits:

• Lost back pay
• Future pay
• Money for emotional distress
• Punitive damages

Moreover, there is also the potential to obtain compensation to offset attorney’s fees.

Learn More During a Consultation With Our Atlanta and Savannah Workers’ Compensation Attorneys

Our Atlanta and Savannah workers’ compensation attorneys are here to fight for your compensation. If you are an older employee discriminated against after an injury or unlawful termination, demotion, or other unfair outcome, don’t suffer in silence. Learn more about the legal strategies for an age discrimination claim by contacting our office today.