Occupational Disability under Texas Laws

An occupational disability is a restriction or lack of ability to perform an activity in a manner within the range considered normal. An occupational disability refers to the temporary or long-term reduction of persons capacity to function in an occupational setting.

A person who is disabled and unable to perform functions that he or she had performed prior to injury or accident may be entitled to collect disability compensation. Occupational disability benefits are payments made from either public or private funds that have been established in order to compensate people with disabilities who can no longer work in the same manner that they had been able to perform occupationally before an injury or accident. Common forms of occupational disability benefits include Social Security and worker's compensation plans.

In 1990 the US legislature passed the Americans with Disabilities Act prohibiting discrimination in the work place against people with disabilities. Texas law works in tandem with the ADA, Social Security, worker's compensation, OSHA and other programs to protect those that have suffered injuries leading to occupational disability.

Normally your first line of defense in the event of an occupational disability stemming from an accident is to determine whether or not you are covered by worker's compensation laws. To be eligible for worker's compensation you must be an employee of a business subscribing to the Texas worker's compensation program and your injury must have occurred as a result of your employment.

Texas employment and insurance law as well as the Federal Employee Retirement Income Security Act (ERISA) provide occupational disability benefits to those who are entitled.

Disability benefits may be either short-term or long-term. Claims may be filed under employer group plans or insurance policies, on-the-job claims, individual disability benefit policies, professional organization group plans, or claims under municipal disability benefit plans.

Occupational disability benefit claims can be difficult to pursue. If you have a disability that prevents you from working altogether it may be a simpler process. However, if your disability only prevents you from doing some things it can be more difficult to establish and define the extent of disability and it's level of entitlement. Insurance companies often deny valid long-term disability claims as a means of containing costs and increasing their bottom line.

The process of pursuing disability claims differs significantly depending on whether or not your claim is preempted by federal ERISA law. If your employer has paid any part of your disability insurance premium may have a group health and disability insurance plan from your employer that is governed by federal law. However, if the policy is purchased privately it is likely governed by state insurance law.

Occupational Disability (Accident) in Texas Law

Government Code

Occupational+disability

pertaining to information about occupational disability,application for disability benefits, standard occupational disability retirement annuity, optional occupational disability retirement annuity

Government Code

Occupational+disabilit*

pertaining to discrimination prohibited, disparate impact, eligibility to transfer service credit, effective transfer of service credit, use of military service credit, types of benefits, application for disability retirement benefits, eligibility for disability retirement, information about occupational disability, disability retirement benefits for elected class service, disability retirement benefits for employee class service, disability retirement benefits for certain peace officers, optional occupational disability benefits program, application for occupational disability benefits, eligibility for benefits and determination of disability, standard occupational disability retirement annuity, reports required of retirees, optional occupational disability retirement annuity, refund of unrecovered contributions

Labor Code

Occupational+disabilit*

pertaining to discriminatory notice or advertisement, bona fide occupational qualification, definition of medical benefit, judicial enforcement of order or decision, administrative violation, time for filing petition, venue

Transportation Code

Occupational+disabilit*

pertaining to drivers license and personal identification cards for persons under 21, license reinstatement

Accident In The News
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Teenager kills 17 in Crimea college shooting: Russian officialsRUETERS: WORLD NEWS10/17/2018
WATCH: More than 1,400 dead, thousands injured after Indonesia quakeABC NEWS WORLD HEADLINES10/03/2018
South Carolina shooting leaves one officer dead, four injured: local mediaRUETERS US NEWS10/03/2018
At Least 384 Killed, Hundreds Injured After Earthquake And Tsunami Hit IndonesiaNPR WORLD09/29/2018
Moroccan woman dies after navy fires at speedboat carrying migrantsRUETERS: WORLD NEWS09/25/2018
WATCH: Courthouse shooting leaves 1 dead, 4 injured, including officerABC NEWS US HEADLINES09/19/2018
WATCH: 1 dead, 4 injured after shooting at Pennsylvania courthouse, officials sayABC NEWS US HEADLINES09/19/2018
1 dead, 4 injured after shooting at Pennsylvania courthouse, officials sayABC NEWS US HEADLINES09/19/2018
Peru court gives ex-rebel leader life sentence for car bombABC NEWS WORLD HEADLINES09/11/2018
WATCH: Missouri Lawmaker Launches Into Auction Chant To Drown Out ProtesterNPR TOP HEADLINES09/06/2018
Injured Ugandan lawmaker prevented from traveling abroadABC NEWS WORLD HEADLINES08/30/2018
Father sues St. Louis police in 2015 shooting death of his sonRUETERS US NEWS08/20/2018
Fort Lauderdale Airport Shooter Is Sentenced To Life In PrisonNPR NEWS08/17/2018
U.S. jury orders DaVita to pay $383.5 mln in wrongful death lawsuitsRUETERS: COMPANY NEWS06/28/2018
  

John Q. Lawyer

Attorney at Law

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