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

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John Q. Lawyer

Attorney at Law

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Accident-Occupational Disability 00000000