North Carolina Workers’ Compensation Benefits for Seniors May Be Challenged

June 18, 2009, by Michael A. DeMayo

On May 11th, 2009, the North Carolina House Judiciary Committee considered a measure put forth by the North Carolina House Insurance Committee to cut workers’ compensation benefits for North Carolina citizens eligible for social security benefits.

The measure sent to the House closely mirrors Senate Bill 975, which had been submitted to the North Carolina Senate Commerce Committee at the end of March.

The proposed measures would require senior citizens over the age of 65 to curtail their workers’ compensation benefits 300 weeks after they become eligible for government benefits. The point of these measures is to cut government costs and help North Carolina recover from the throes of the economic recession that have plagued it and the rest of the nation. The proposals follow in line with a similar measure debated recently by the Utah Supreme Court. In that instance, the Utah court ruled that it is unconstitutional for citizens to claim workers’ compensation benefits and social security benefits concurrently unless they can justify said claims to an appeals board.

Per the proposed measure, House Bill 1022, North Carolina workers would have their workers’ comp benefits cut 300 weeks following either their 65th birthday or the commencement of their eligibility for social security benefits. The decisions made by the North Carolina House Judiciary and Senate Commerce Committees could have profound implications for state employers and employees alike, given that the monies at stake could amount to tens of millions of dollars per year.

North Carolina May Cap Workers’ Compensation for Retirees,, May 28, 2009

Workers’ Compensation, Social Security Disability Insurance, and the Offset: A Fact Sheet, U.S. SSA Office of Policy, 2003/2004

More Web Resources:

Senate Bill 975

House Bill 1022


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