Not necessarily, although having a

If I have a "permanent partial disability" under Kentucky workers compensation law, does that mean that I have a "disability" covered by the Americans With Disabilities Act?

 

A: 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.


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