Understanding Accidental Disability Retirement (ADR) Benefits
What injured public employees need to know
Most public employees in Rhode Island and Massachusetts have access to accidental disability retirement (ADR) benefits if they’re hurt on the job. However, the laws and regulations pertaining to ADR are complex and your eligibility to get compensation may be unclear. Here’s what you need to know about your ADR benefits as an injured public employee.
Who is covered under ADR?
In general, if you’re a public employee in Massachusetts or Rhode Island, you are covered under ADR. This applies to most people who work for the state government or any local, municipal or county government or authority, with some exceptions (one of which, notably, is the MBTA).
What counts as “disability” for the purposes of ADR?
Essentially, the definition of “disability” for ADR purposes is tied to the job you had at the time of the injury. It’s a question of whether you can do that specific job, not whether you can do any job at all. For instance, if your job at the time of the injury involved lifting loads up to 50 pounds, and you are now unable to lift more than 20 pounds, you should be considered disabled for ADR purposes, even though there are plenty of other jobs you could do.
What kinds of injuries are eligible for ADR?
To get ADR, you have to be injured while performing your specific job duties. This is a more specific definition than that used for workers’ compensation, which applies to any injury you sustained while on the job (with a few exceptions).
What does ADR pay for?
ADR only provides a single benefit: wage replacement. Specifically, it pays 72 percent of your pre-injury wages for as long as you are eligible to receive the benefits, which is reviewed periodically. If you remain disabled, you can continue to receive those benefits for the rest of your life.
What’s the difference between ADR and workers’ comp?
Workers’ compensation uses a much more restrictive definition of “total disability” than ADR. While ADR only requires that you can’t do your pre-injury job, workers’ comp requires that you can’t do any job in order to qualify as totally disabled. Conversely, ADR only provides wage loss benefits, whereas worker’s comp pays for your reasonable and necessary medical treatment in addition to wage loss.
If you’re a public employee injured on the job, you’re looking at a complex legal situation as you try to make the most of ADR, workers’ compensation, and whatever other legal options you may have. There are strict deadlines that apply to these claims and you need to take prompt action to protect your rights. We proudly represent injured public employees throughout Massachusetts and Rhode Island, and if you’ve been hurt, we’d be happy to talk to you. Contact the Law Offices of Deborah G. Kohl today to schedule your free consultation.