Total Disability Law and Legal Definition

Total disability is a term used in insurance law to refer to an injury which impairs the physical and/or mental ability of a person to the extent that they are never again able to resume his/her normal work or non-occupational activities. Total disability is that disability or impairment that remains after the employee has reached the point of maximum healing.

Under this definition, this means that as long as the insured is unable to perform the duties of his/her own occupation, they will be able to collect full total disability, even if they were working in another occupation and earning income. Some insurers vary the definition of total disability coverage to exclude benefits for those who chose to work in another occupation.