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:
- a physical or mental impairment that substantially limits a major life activity
- a record of having a physical or mental impairment that substantially limits a major life activity
- 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.