The Odd-Lot Doctrine: What You Should Know

Determining partial disability or total disability is fairly straightforward in many workers' comp claims, but the odd-lot doctrine is an exception to the rule. Qualifying for total disability under the odd-lot doctrine may be necessary in your case, but you will experience stiff resistance from your workers' comp insurance provider without the representation of an aggressive and thorough workers' comp lawyer.

The insurance company will not want to pay out total disability benefits for the rest of your life. Insurance defense lawyers will do everything in their power to diminish your claim and reduce benefits or potential settlement. Their resources are extensive, and they are paid to fight.

At the Law Office of Steven J. Hirsch, Esq., we fight for your rights and best interests. We counter the aggressive tactics of defense lawyers and advocate for the benefits you deserve because of lost earning capacity due to on-the-job injury.

Contact us today at 401-287-2079 to schedule a consultation with Warwick odd-lot doctrine attorney Steven Hirsch. He will fully inform you of the process and answer all your questions.

Rhode Island Workplace Injury Attorney

Steve has been a workers' comp lawyer since 1978, and he is one of a few plaintiffs' lawyers practicing in the Rhode Island Workers' Compensation Court. Odd-lot cases are complicated but worth pursuing when your disability renders you totally unemployable.

What Is The Odd-Lot Doctrine?

Under certain circumstances, the court may determine you are among the "odd lot" of people for whom there is no reasonably dependable market for their services. Even if you are not completely incapacitated, your partial disability combined with age, education, background, abilities and training could deem you totally disabled.

If we can prove this in court, either your workers' comp insurance provider will look to reach a final settlement or we will pursue a court verdict to obtain lifetime benefits on your behalf.

How Long Can You Remain On Partial Disability?

If you are able to perform light work but still cannot perform your regular job, you can remain on workers' comp for up to six years. Once that timeframe is up, you must apply to go "through the gate" for continued benefits. To do so, we will work with you to prove that based upon numerous factors, (the odd-lot factors), you are effectively totally disabled and entitled to continued benefits, including cost of living adjustments (COLA).

Contact Us Today | Schedule A Consultation

We return phone calls and emails promptly and respect your time. Contact us by email or by phone at 401-287-2079.

Steve will discuss all your options and benefits under workers' comp law. We do not charge fees to injured employees until final settlement or if there is an appeal after trial. Our fees are paid by the insurance company, determined by state law and approved by the judge.