Central Business District, New York

The Difference Between Partial & Total Disability October 11, 2018

Central Business District, Rochester
The Difference Between Partial & Total Disability, Rochester, New York

If you are injured in an accident, you might not be able to do everything you could do before getting hurt. Talking to a disability attorney helps people understand the legal significance of being partially or totally disabled. Here is a simple guide to the differences between each one and why it’s important to know when seeking compensation.

What Partial & Total Disability Means to a Disability Attorney

Partial Disability

Legally speaking, a partial disability after experiencing an injury means that you can’t carry out significant work activities you could do before the disability began. Insurance companies often characterize partial disability as the inability to perform the work of your occupation, but being able to work in another occupation.

For example, a delivery van driver may experience leg injuries that prevent driving, but he can work a desk job in customer service. Insurers, workers’ comp lawyers, and disability attorneys classify such individuals as partially disabled. Depending on policy wording, injured individuals may receive a percentage of or all the benefits under their coverage.  

Total Disability

disability-attorney-Rochester-NYTo insurance companies and disability lawyers, total disability means not being able to work in any occupation. The definition takes into consideration the individual’s education, training, experience, and personal financial standing.

Why the Type of Disability Matters

Disability policies from private insurance companies and workers’ compensation insurance pay partial disability benefits. However, Social Security disability benefits are only payable for total disability. To obtain Social Security, the disability must last for more than 12 months, or end in death. Disability attorneys represent injured individuals to ensure they attain all the compensation the law allows, whether from insurance policies, workers’ compensation, Social Security, or all of the above. 


Whether you are partially or totally disabled, hiring a disability lawyer means having someone dedicated to fighting for and protecting your interests. For an experienced and compassionate disability attorney in Rochester, NY, contact Vincent J. Criscuolo & Associates. This firm has a strong record of recovering the full measure of compensation and Social Security disability benefits for their clients. No matter the time of day, they will answer the phone for you if you have any questions about your case. To find out more about their services, visit their website. Call (585) 232-3240 to schedule a consultation appointment.

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