Non-Occupational Disability Law and Legal Definition

Non-occupational disability means a non-occupational sickness or condition that results from injury or disease that is not job related. Non-occupational disability makes a person unfit to perform the material duties of regular job functions. It is to be noted that Rhode Island, California, New Jersey, New York, and Hawaii requires employers to pay income (not medical expense) benefits if a worker is disabled by illness or injury that did not occur at work. For a plaintiff to recover non-occupational disability income benefits he must establish that he is unable to engage in any and all conceivable gainful occupations for which he is reasonably fit by reason of education, training or experience, that such inability is a result of injury or illness, and that his medical condition requires a continuous course of treatment by a physician.[ Papczynski v. Connecticut General Life Ins. Co., 730 F. Supp. 410 (D. Fla. 1990)]