ada

[A329492]

What is the name of your state?az

Somebody told me I should be covered under the Americans with Disability Act since I have a permanint disability. Is this true? and if it is What would that meen for me?

 

[cbg]

IF you have a permanent disability that affects a major life function, then you may have certain protections under the ADA.

What that would mean to you is that IF your disability was interfering with your ability to perform the essential functions of your job AND IF there was a reasonable accomodation your employer could provide that would help you accomplish it, they would be required to implement such an accomodation. But they would NOT be required to:

1.) Provide you with the accomodation you want, even if it were the one your doctor recommended, if there was another equally effective one the employer preferred
2.) Accept a standard of work or behavior that would be unacceptable in a non-disabled employee
3.) Bump someone else out of their position to put you into it
4.) Put you into a position that you are not qualified for
5.) Make an accomodation that would create an undue hardship on the employer

Was that what you wanted to know?

 

[A329492]

Thanks
Now how would you find out if you would be covered? and would it interfer with my workmans comp case and or settlement?

 

[cbg]

This has nothing to do with your workers comp case or settlement. You don't get a weekly check for being covered under the ADA. You don't go through any regulatory agency. It's a completely separate issue.

ALL it does is is ensure that IF your disability is interfering with your ability to perform the essential functions of your job, your employer must provide you with a reasonable accomodation to allow you to do so.

You are covered IF you have a permanent or long lasting disability that interferes with a major life function (walking, talking, breathing, use of hands, etc.).

 

[A329492]

I am just afraid of losing my job.

Thanks for your help

 

[cbg]

The ADA also says that you cannot be fired BECAUSE you have a disability. That does not mean that if you have a disability, you can never be fired. It means that you cannot be singled out or selected for termination or layoff solely because the disability exists.

If you were to provide more information regarding your situation, it would be easier to provide you with information that would help.

 

[A329492]

I have had two surgeries on my left shoulder and was given a 14% Upper body imparment and an 8% whole body imparment. Now there is a good chance that I will have surgery on my right shoulder due to the overall stress put on my right shoulder. I have stretched out a lot of the ligaments in the shoulder. My production manager has been telling me that I will not be able to come back to work unless I can do my original job. They told me this after my first surgery and I begged my doc to let me go back. my doc said I would be able to as long as they gave me help with the stacking of the tires (airplane tires). The help only lasted for a while and then I was on my own. My shoulder gave out again and was worse than before. All the work from the first surgery was undone and other ligaments were torn and stretched. The second surgery was in oct 2004 and was let back to work on light duty in lat jan 2005. In april I was sent home from work being told that I needed to go back to therapy and I have not been allowed back to work. I cant get any info from my work or my caseworker. My wc checks have stopped since I have reached MMI and I was also told by someone that now that I have reached MMI that my work can let me go.

I am very confused about everything.

I hope this is some info that you might of wanted. I dont want to make it to long.

Thanks for helping me.

 

[cbg]

It's next to impossible in an internet forum to determine if your disabiliity definitely does or does not qualify. You'll need to get your doctor to give an opinion as to that.

For the sake of argument, we'll assume that you are covered for now.

IF there is another position open that you are qualified for, it would be a reasonable accomodation for them to put you into that position. However, they are not required to create a new job for you that is within your restrictions. If there is no position for you to move into and you are unable to perform the job you were hired to do with or without an accomodation, then yes, they can legally let you go.

Whether getting someone to help you with the stacking is a reasonable accomodation or not is hard to say. Generally hiring someone else to help you is not considered reasonable.

Basically what it boils down to is that even WITH the ADA, if there is no reasonable accomodation that will allow you to perform the essential functions of your job, they can legally let you go. Sorry, I know that's not the news you wanted to hear.

 

[A329492]

Thanks for your help. You have been very informative.