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

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.

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