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You are 'only' partially disabled: now what?


A determination of partial disability after a work-related injury should be good news. After all, nobody wants to be fully disabled. However, what might seem like a good thing can actually be terrible news for some injured workers.

Understanding complete vs. partial disability

The degree of disability assigned to a worker is important because that is how the amount of compensation is determined. Injured workers are classified as either totally or partially disabled. If a person is totally disabled, they are unable to do any kind of work at all.

On the other hand, partially disabled workers can do some kind of work – but not necessarily the work they were doing at the time of the accident. The last part is what trips up many workers who don’t realize that just because they are unable to do their job does not mean they will receive full workers’ comp benefits.

The curse of partial disability

Construction workers or others who engage in physical labor are unfairly affected by partial disability laws. It is entirely possible for a physical laborer to be injured on the job – for example, hurt his back so he can’t move well or lift heavy items – but still only be classified as partially disabled. The reasoning is that he could still have a desk job or engage in some other kind of work that does not require him to lift heavy loads.

The failure in this reasoning is that some workers simply don’t have the training or aptitude for work other than what they were doing when they were hurt. Telling a manual laborer that they are only partially disabled can be a terrible blow. Not only will they receive less compensation than they would if they had been classified as completely disabled, but they now have to try and find work outside of their field. How easy is that going to be with any kind of disability and no background or training?

Reduced earnings

If you are labeled as partially disabled and are able to find another job – but one that pays less than you used to make – you may be able to request compensation for reduced earnings. In this case you must be earning less than your average weekly wage from your other job and your disability must be the reason you have a reduction in earnings.

Need help with the NY workers’ comp system?

If you are confused about the New York workers’ comp system then you aren’t alone. The attorneys at Markhoff & Mittman have dedicated their careers to defending men and women injured on the job just like you. We even have a free book that you can request titled “Five Deadly Sins that Can Derail Your New York Workers Compensation Case”. You can also contact our office today to speak with one of our skilled NY workers compensation attorneys for no cost and no obligation.

Markhoff & Mittman, P.C.

14 Mamaroneck Avenue

Suite 400

White Plains, NY 10601

Toll Free: (866) 205-2415

Phone: (914) 946-1452

Fax: (914) 946-0810


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