View Single Post
Old 12-21-2013, 07:45 PM
EsthersDoll EsthersDoll is offline
Member
 
Join Date: Feb 2011
Location: Los Angeles
Posts: 765
10 yr Member
EsthersDoll EsthersDoll is offline
Member
 
Join Date: Feb 2011
Location: Los Angeles
Posts: 765
10 yr Member
Default

I think a disability is only considered that when it's permanent and what you are going through sounds like it's temporary since you are improving and will most likely continue to improve.

Quote:

Is an Injured Worker Automatically Covered under the ADA?

No. Whether an injured worker is protected by the ADA will depend on whether the person meets the ADA’s jurisdictional definition of “disability.” Under the ADA, the term “dis*ability” is defined as: (a) a physical or mental impairment that substantially limits a major life activity; (b) a record of such an impair*ment; or (c) being regarded as having such an impairment. In order to be considered “substantially limiting,” the impairment must significantly limit the ability of that person to perform the major life activity in question, as compared to most people in the general popu*lation. Those impairments resulting from occupational injury that are not severe enough to substantially limit a major life activity or are only temporary would therefore not constitute a disability covered by the ADA.

Likewise, just because an individual has a record of filing a workers’ compensation claim does not necessarily mean s/he is covered under the “record” portion of the definition. The record or history of an impairment must be a record of an impairment that substantially limited one or more major life activities.

http://www.hrtips.org/article_1.cfm?b_id=14
EsthersDoll is offline   Reply With QuoteReply With Quote