Massachusetts Accidental Disability Attorneys

If you are a public employee, and have been injured at work, you may have rights in addition to your workers' compensation claim called Accidental Disability Retirement. Accidental Disability Retirement (or "ADR") is available only to public employees. Generally, public employees include state, county, city or town employees, and employees of most public authorities (the notable exception being the MBTA. However , the MBTA does have a disability pension system that is separate and distinct from the ADR system). If you contribute to the public employee pension system, you may be entitled to Accidental Disability Retirement in connection with your work injury.

How much does Accidental Disability Retirement Pay?

Accidental Disability Retirement pays an injured worker 72 percent of his or her pre-injury wages. While eligibility for Accidental Disability Retirement is reviewed periodically, an injured public employee can, and in almost all instances will, receive Accidental Disability Retirement for the rest of his or her life. But it is important to note that you will not be able to collect the full Accidental Disability Retirement allowance in addition to your workers' compensation benefits.

Your workers' compensation benefits will be credited against your ADR benefits, with ADR paying the remainder allowance. If you are receiving 60% in Workers’ Compensation benefits, then you will receive roughloy 12% under ADR. (60% plus 12% totalling 72%)

Who is Eligible for Accidental Disability Retirement Benefits

You must prove that you are mentally or physically incapable of performing the essential duties of his or her particular job. You must also prove that the disability is likely to be permanent. Finally, you must prove that the disability is such as it might be the natural and proximate result ofthe personal injury sustained or hazard undergone. However, if the employer is willingto accomodate all of your restrictions and to create a subset of your essential duties, then you may not be entitled to ADR.
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Initiating the Application Process

There are a number of steps along the way to receiving Accident Disability Retirement. You must file an application with the appropriate Retirement Board. You must have medical evidence of your disability. You will be examined and your medical condition evaluated by a regional medical panel. You may also be required to attend a hearing before the Retirement Board. The application process can be long and complex. We at Landman Akashian LLP have been handling ADR cases for over 25 years. Please contact us to schedule an appointment and consultation to see if you are potentially eligible for ADR.