If you are a public Employee of a City, Town, or the Commonwealth of Massachusetts, you are likely covered under a disability pension plan, which provides benefits if an injury or illness prevents you from performing the essential duties of your job. There are two types of disability pensions that are available: Accidental Disability Retirement, and Ordinary Disability Retirement.
Accidental Disability Retirement (ADR) benefits are potentially due in the event of a work-related injury, or work-related exposure to a harmful substance, that renders a person disabled and unable to perform the essential duties of his or her job.
Ordinary Disability Retirement (ODR) benefits are potentially due in the event the claimant has a non-work related injury or illness that prevents that person from performing the essential duties of their job. For example, if someone were to suffer a heart attack due to non-work related factors, and this prevented them from performing the duties of their job, ODR benefits could be available.
Applications for ADR and ODR benefits are filed with the respective retirement boards of the city, town where the Employee worked. Some times, this process can be very easy. Other times, it can be very difficult. It varies from Retirement Board to Retirement. An experienced Disability Retirement Attorney can help you throughout this process. It is better to consult an Attorney as early on in the process, preferably before the initial application is filed.
Often times, a work-related injury or illness that forces someone to retire, gives rise to both an ADR claim, as well as a claim for Workers’ Compensation benefits. By law, a disability retirement pension is offset by the receipt of workers’ compensation benefits. In these situations, it is crucial to have an experienced attorney who understands the interplay between these two sources of benefits, and one who can determine whether or not a settlement is in the client’s best interest. This is an area of law that we specialize in at Troupe Law Office.
If you have an injury or a condition that you feel is preventing you from performing the essential duties of your job, and are considering applying for ADR or ODR benefits, you should call our firm as soon as possible at (978) 531-7401, or email us
We have handled hundreds of Disability Retirement cases over the years and have represented individuals at numerous retirement boards throughout the Commonwealth of Massachusetts.