New York City and New York State offers Accidental Disability Retirement Benefits to qualifying members of the municipal workforce through two different systems:
The New York City’s Employees’ Retirement System (NYCERS)
The New York State and Local Retirement System (NYS&LRS)
Qualifying Guidelines to start a claim:
Definition of a Disability as the Result of an Accident:
- Claimant must either be eligible to receive primary Social Security disability benefits.
- Or found by the appropriate Medical Board to be disabled from performing the duties of his or her job title due to a physical or mental impairment.
- The disability must be the natural and proximate result of an accidental injury sustained in City service, not caused by his or her own willful negligence.
Enhanced Disability Benefits (EDB)
For public workers, Accidental Disability Retirement Benefits may be enhanced due to the connection of on the job stress and stress-related illness, such as heart disease.
Heart Law provides a presumption that certain diseases of the heart were incurred in the performance of duty.
While all EDB participants are entitled to the Heart Law presumption, claims are often denied.
Police, Firefighters, Correction Officers and Sanitation Workers are among those in the public sector workforce who may benefit from an EDB known as “Heart Law”.
Joseph A. Romano, Esq., (Special Council to the varied Fraternal Organizations of New York’s Municipal Unions) recommends knowing your all of your EDB rights before pursuing any disability claims!