Workers’ Compensation and Public Sector Disability Retirement

Workers’ Compensation

A number of patients with ME/CFS, FM, multiple chemical sensitivity (MCS), and toxic exposure apply for Workers’ Compensation benefits. To be eligible, applicants must be able to show that an illness or injury was caused, or probably caused, by their employment. ME/CFS, an immune and neurological disorder, is sometimes caused by extreme work stress or exposure to toxic materials. Individuals who believe that their illness was caused by their working conditions should check with a workers’ compensation attorney familiar with their specific illness. The workers’ compensation procedure requires perseverance.

Workers’ compensation procedures and benefits vary by state. In Massachusetts, the program is overseen by the Department of Industrial Accidents.

Public Sector Disability Retirement

Many public employees at the state and local level are not covered under Social Security. The local or state governments have their own disability retirement systems.

Public employees who are clearly disabled and can’t work should determine whether they are eligible to take a disability retirement. Most jurisdictions require the applicant to have worked (or ‘vested’) a certain number of years, often ten.

The only ‘disability retirement’ for those under the GIC Commonwealth of Massachusetts retirement plan is the raising of the ‘age’ of the applicant to 55, if they are younger. This means retirement benefits (if the applicant is vested) will be computed based on the creditable years worked with the system’s percentage multiplier for someone of age 55. Those age 55 or over must take normal retirement.

Public sector employees will likely need the advice of an attorney familiar with the illness and the retirement system to guide them through the disability application process. Applicants will need to obtain very thorough medical documentation to persuade a medical board and/or the retirement board of their condition. Those in a labor union might be able to find an attorney familiar with obtaining disability retirement through their union; however, they may have to educate that lawyer about ME/CFS or FM.

Resources

Workers’ Compensation for Injured Workers provides guidance for filing a claim in Massachusetts.

Massachusetts Association for the Chemically Injured is a support, education, and referral organization for people with Multiple Chemical Sensitivities, and can provide legal referrals.