Not necessarily. Even if because of a work injury you suffer from a

If I have a work injury, does that mean that I have a "disability" within the meaning of the Americans With Disabilities Act (ADA)?

 

A: Not necessarily.  Even if because of a work injury you suffer from a "disability" under Kentucky workers compensation law, you may not have a "disability" under the Americans With Disabilities Act (ADA).

A "disability" under the ADA is defined 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.

Another factor is that a disability from a work injury may be only temporary or may not be severe enough to substantially limit a major life activity.

Whether or not someone has a "disability" under the Americans With Disabilities Act (ADA) requires an individualized, case-by-case determination.


©2012 Robert Abell Law, All Rights Reserved, Reproduced with Permission Privacy Policy
Attorney web design by Foster Web Marketing, the best attorney website design solution on the Web offering search engine optimization for attorneys, lawyer website design, video for attorneys, and more.
Get SEO Tips from The Attorney Internet Marketing Blog