Accidental Disability Retirement

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, city or town employees, and employees of most public authorities (the notable exception being the MBTA). If you contribute to the public employee pension system, you may be entitled to Accidental Disability Retirement in connection with your work injury. At the law office of Keches & Mallen, our lawyers assist and represent injured eligible employees in filing for accidental disability benefits.

For more information regarding eligibility and how we can help you, contact the law office of Keches & Mallen today.

What Accidental Disability Retirement Pays For

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.

Who is Eligible for Accidental Disability Retirement Benefits

There are several requirements that must be met in order to be eligible for ADR benefits. First, you must file an application within two years of the work-related injury, unless you are already receiving workers' compensation benefits for the same injury. And, unlike workers' compensation, you must have been injured while performing your specific job duties. You must also be disabled from performing the essential duties of your job. This means that you do not necessarily have to be totally disabled in order to be eligible to receive ADR benefits.

What About My Regular Health Insurance?

There are several advantages but also several restrictions to receiving Accidental Disability Retirement. Your health insurance remains in effect, with premiums deducted from the monthly benefits. You may also be able to work to supplement your retirement benefits, so long as you are the position is not the same or similar to the position you left. And there are limits on what you can earn while receiving ADR.

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 will also be required to attend a hearing before the Retirement Board. The application process can be long and complex. One of Keches & Mallen's experienced attorneys can help you negotiate the ADR process to be sure that you are treated fairly and that your rights are protected along the way.

For more information regarding accidental disability retirement in Massachusetts, contact our office today and schedule an appointment to speak with one of our lawyers.