Is a permanent partial disability under Kentucky workers compensation law also protected by the ADA?

Not necessarily, although having a "permanent partial disability" under Kentucky workers compensation law may also mean that an individual also has a "disability" under the Americans With Disabilities Act (ADA).

A "disability" is defined by the ADA in three ways as follows:

 

  1. a physical or mental impairment that substantially limits a major life activity
  2. a record of having a physical or mental impairment that substantially limits a major life activity
  3. being regarded as having a physical or mental impairment that substantially limits a major life activity.

Whether or not an individual, even if they have a "permanent partial disability" under Kentucky workers compensation law, has a "disability" under the Americans With Disabilities Act (ADA) must be determined on an individualized, case-by-case basis.

Lexington, Kentucky ADA lawyer Robert Abell represents individuals and employees in Kentucky workers compensation and ADA cases; contact him at 859-254-7076.