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Home> Workers' Comp> What Is the Americans With Disabilities Act (ADA)?
What Is the Americans With Disabilities Act (ADA)?
The Americans with Disabilities Act (ADA) applies to all employers who have fifteen or more employees. Whether or not you, the injured worker, is subject to protection under the ADA after the workers' compensation injury depends upon the type of injury and whether or not you have a permanent disability. The definition of disability for workers' compensation and the ADA is construed differently by the laws and courts. Determining whether an individual who has a workers' compensation injury is also disabled under the provisions of the ADA can sometimes be a difficult and confusing situation. Since the ADA is relatively new and the courts are still interpreting this problem, it's a good idea to seek legal advice if you have any questions .
Generally speaking, an employer cannot refuse to hire an injured worker with a disability if the worker can perform the essential functions of the job either with or without reasonable accommodations. However, this does not mean the employer has to keep the job open indefinitely.