Accidental Disability Retirement

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”). Generally, public employees include state, county, city or town employees, and employees of most public authorities.  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 public worker 72 percent of his or her pre-injury regular compensation. While eligibility for Accidental Disability Retirement is reviewed periodically, once an injured public employee is awarded beenfits he/she almost always receives Accidental Disability Retirement for the rest of his or her life.

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.

Who is Eligible for Accidental Disability Retirement Benefits?

In order to be eligible for Accidental Disability Retirement benefits you must prove that you are mentally or physically incapable of performing the essential duties of your particular job. You must also prove that the disability is likely to be permanent. Finally, you must prove that the disability is  the natural and proximate result of the personal injury sustained or hazard undergone. However, if the employer is willing to accomodate all of your restrictions and to create a subset of your essential duties, then you may not be entitled to 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 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.