Getting seriously injured is a scary experience.  Am I going to be okay?  How am I going to cover my hospital bills?  What will happen if I can’t take care of myself?

Perhaps just as frightening is the possibility of losing your job because of your injury or disability.  You may wonder, if you are no longer able to perform some of the tasks of your job, will your boss be able to fire you?

The answer is NO.  Under the law, employers are prohibited from terminating an employee because he or she has sustained an injury and is disabled.  If you or someone you love has been fired based on an injury or disability, don’t worry – you do have legal options.  We at the Law Firm of J.P. Ward & Associates are here to help guide you through the next steps.

Long-Term Injuries & Disabilities

Under the law, your employer is prohibited from firing you on the basis of disability. According to the Americans With Disabilities Act (also known as the ADA), you are able to recover if you can show:

1. You are a disabled person within the meaning of the Americans With Disabilities Act;
2. You are otherwise qualified to perform the essential functions of your job, with or without reasonable accommodations by your employer; and
3. You suffered an otherwise adverse employment decision as a result of discrimination.

Under the Americans With Disabilities Act, if you are a disabled person who is otherwise able to perform the basic functions of your job, your boss is required to provide you with reasonable accommodations.

But what are reasonable accommodations? An accommodation is considered reasonable if allows you to perform the necessary functions of your job without too much of an expense.

Reasonable accommodations can include physical changes to the workplace, such as adding ramps so that an employee who uses a wheelchair is able to access the building.  Accommodations also may include procedural changes, such as making sure that a deaf employee receives an email announcing important information because she is unable to hear the announcements made over the public announcement system.

Am I Disabled?

Courts determine what qualifies as a disability by looking at:

1. Whether you have a physical or mental impairment that substantially limits one or more of your major life activities;
2. If you have a record of such an impairment; or
3. If you are regarded as having such an impairment.

People often think that the term disability applies only to permanent conditions.  However, this is a common misconception.  Under the Americans With Disabilities Act, injuries that meet one of these three requirements are also considered disabilities.

What is a Major Life Activity?

Major life activities include, but are not limited to:

• Caring for oneself;
• Performing manual tasks;
• Seeing;
• Hearing;
• Eating;
• Sleeping;
• Walking;
• Standing;
• Lifting;
• Bending;
• Speaking;
• Breathing;
• Learning;
• Reading;
• Concentrating;
• Thinking;
• Communicating; and
• Working.

If you are limited in any of these areas, you can be considered disabled under the Americans With Disabilities Act.  You may be able to recover if your boss discriminates against you because of this disability.

Short-Term Injuries and Disabilities

But what if your disability is because of a short-term injury?  Are you still able to recover for discrimination?

Yes!  Under the law, even injuries lasting for less than six months qualify for recovery.  According to a 2008 amendment to the Americans With Disabilities Act, courts are required by law to interpret the term disability to the broadest extent allowed.

Under this amendment, Pennsylvania courts have held that even impairments lasting less than six months may meet the “substantially limiting” standard.   So even if your injury is not a permanent disability, if it substantially limits your ability to engage in a major life activity, you may be able to recover under the Americans With Disabilities Act.

Let Us Help!

Injuries are scary.  But you should only have to worry about getting better; you shouldn’t have to also worry about if you get to keep your job.  If you saw yourself or someone you know in any part of this article, don’t hesitate to reach out. Contact the Law Firm of J.P. Ward & Associates by filling out this contact form, or by calling 877-259-WARD.

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