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The term wholly disabled refers to a person's complete and ongoing inability to perform any work, labor, or service due to a physical condition. This definition is often used in the context of insurance policies and workers' compensation claims. Being wholly disabled means that the individual cannot carry out any substantial activities related to their occupation from the date of the accident that caused their injury.
Table of content
Legal use & context
Wholly disabled is primarily used in legal contexts involving:
Workers' compensation claims
Insurance policies
Disability benefits assessments
In these cases, the term helps determine eligibility for benefits and compensation. Users can manage some aspects of these processes using legal templates available through services like US Legal Forms, which provide guidance on filing claims and understanding rights.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A factory worker suffers a severe injury in an accident and is unable to return to any form of work. They may be classified as wholly disabled and eligible for workers' compensation benefits.
Example 2: A person involved in a car accident that results in a permanent disability preventing them from performing their job duties may qualify as wholly disabled for insurance purposes. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Definition of Wholly Disabled
Relevant Benefits
California
Defined under state workers' compensation laws.
Workers' compensation benefits and disability payments.
New York
Includes both physical and mental disabilities.
Disability benefits and insurance claims.
Texas
Focuses on the inability to perform any job duties.
Workers' compensation and related benefits.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Partially Disabled
Inability to perform some work duties but not all.
Wholly disabled indicates total inability, while partially disabled allows for some work capabilities.
Temporarily Disabled
Inability to work for a limited time due to injury or illness.
Wholly disabled refers to a permanent condition, whereas temporarily disabled implies recovery is possible.
Common misunderstandings
What to do if this term applies to you
If you believe you are wholly disabled, consider taking the following steps:
Gather medical documentation that supports your claim of total disability.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for templates that can assist you in filing claims for benefits.
In complex situations, seeking professional legal help may be necessary to navigate the process effectively.
Find a legal form that suits your needs
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