When an employee suffers a personal injury that leads to a disability, a set of protections from the American with Disabilities Act (ADA) are triggered. Understanding where and how the personal injuries intersect with the ADA is critical for employees and employers. Consulting with one of our disability discrimination lawyers in San Bernardino can help clarify the implications of disability discrimination claims that arise from personal injuries, as well as the responsibilities employers carry and the rights employees have under the ADA.
Personal Injuries Leading to ADA Claims
Personal injuries, regardless if sustained in the workplace or elsewhere, can result in long-term or even permanent disabilities. These disabilities may impact an individual’s ability to get their work done and perform their job duties, leading to a need for reasonable accommodations. For instance, if you’re an employee who has suffered a nasty neck or back injury in a car wreck, you might need to seek modifications at work. Sometimes, you might need to request a change to your schedule to allow for physical therapy sessions. Beyond the physical limitations, personal injuries can incite psychological impairments, like Post Traumatic Stress Disorder (PTSD), which can initiate a need for flexible working hours or access to mental health resources. If an injury substantially limits one or more major life activities, it would then qualify as a disability under the ADA, thereby granting an injured employee certain legal protections. Employers must be proactive in recognizing the wide range of potential impairments that can manifest from personal injuries and respond appropriately to support their employees.
Understanding the ADA
The ADA is a federal law devised to prevent the discrimination against individuals with disabilities. The regulation requires employers with 15 or more employees to deliver reasonable accommodations to eligible employees with disabilities except in situations where doing so would render undue hardship to the business. Disabilities covered under the ADA include physical and mental impairments that substantially impair one or more major life activities. Employers should be aware that even something that could be temporary, can be deemed as a disability if it restricts the capacity to work or perform other essential functions.
Reasonable Accommodations
Once an employee discloses a disability, the employer must engage in a collaborative process to determine appropriate accommodations. Reasonable accommodations are adjustments to the place of work an employee has in order for them to be able to perform the key functions of their job. Examples of reasonable accommodation can include a modification to a work schedule, ergonomically designed furniture, permitting telework, or reassigning the employee to a position more suited to their current or ongoing needs. The goal is to find the right solution for the employee to meet most or all of the needs of the employer and employee without inflicting undue hardship on the overall business.
Striving Together for Better: The Interactive Process
The ADA mandates an interactive process between the employer and the employee so they can identify and implement reasonable accommodations. It is a process involving consideration, consistent and open communication, and both parties discussing the nature of the disability, its limitations when it comes to work and potential accommodations. Employers must be proactive in initiating this process as soon as they are aware of the employee’s disability. They must hold open the door to reasonable accommodations. The interactive piece will be ongoing, meaning that if an initial accommodation proves ineffective, then the employer needs to reconnect and continue to band together with the employee to determine a suitable alternative solution. Neglecting to engage in this process can lead to legal consequences for that employer.
Challenges Employers May Be Up Against
Employers could face several real challenges while dealing with ADA claims arising in their business from personal injuries. One common theme in many companies and claims is determining what constitutes an undue hardship. The term refers to significant difficulties or expenses the employer’s business can incur by the employer providing specific reasonable accommodation. These factors include the nature and cost of the accommodation, the company’s financial resources, and the impact on the business operations. All these factors are evaluated and given consideration when screening for undue hardship. Employers must also be cautious of potential discrimination claims if they fail to reach a reasonable accommodation or retaliate against an employee who has requested one.
Legal Implications and Risks
Failing to comply with the ADA can expose employers to severe legal vulnerabilities and hazards, including opening themselves up to discrimination lawsuits. Employees who feel they have faced discrimination due to their disability have the right to file a complaint against their employer. Complaints are filed through the Equal Employment Opportunity Commission (EEOC). If the EEOC determines the discrimination occurred, the employer would likely face penalties, including compensatory and punitive damages. Moreover, litigation can seriously damage the employer’s reputation and the reputation of their business while leading to costly settlements. Mitigating these perils involves employers acquainting themselves in the ADA requirements and preserving clear and detailed documentation of their active participation in an interactive process and records of any accommodations provided.
Securing Your Rights Under the ADA: The Path Forward
Handling ADA claims related to personal injuries demands both legal knowledge and a genuine commitment to fair employee treatment. Employers need to be mindful to circumstances where an injury could qualify as a disability and take active measures to support affected employees. Participating in the interactive process and offering reasonable accommodation are critical for not just legal compliance but also for creating a positive, inclusive workplace.
Alternatively, for employees in San Bernardino who suspect their ADA rights have been violated, consulting with disability discrimination lawyers in San Bernardino is vital to achieving a just outcome. A disability discrimination attorney will guide you through the complexities of filing a disability discrimination claim, ensuring that all options are considered, and result in fair compensation. Schedule your confidential and free initial consultation with a trusted and experienced California disability discrimination attorney or call our employment law firm at 909-884-6451.
