Broken leg = disability?

[shechrissy]

What is the name of your state (only U.S. law)? WISCONSIN

I hope I'm posting this question in the right section.

My friend's daughter broke her leg at daycare earlier this week. The daycare has refused to provide childcare services until the cast is taken off, which will take 6-8 weeks. They have stated this is because she will require extra care due to her non-mobility.

Is a child having a broken leg considered a disability under the Americans with Disabilities Act? The broken leg, however temporary, is a physical impairment that substantially limits one or more major life activities.

Thank you!

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? WISCONSIN

I hope I'm posting this question in the right section.

My friend's daughter broke her leg at daycare earlier this week. The daycare has refused to provide childcare services until the cast is taken off, which will take 6-8 weeks. They have stated this is because she will require extra care due to her non-mobility.

Is a child having a broken leg considered a disability under the Americans with Disabilities Act? The broken leg, however temporary, is a physical impairment that substantially limits one or more major life activities.

Thank you!

Section 902 Definition of the Term Disability

"Generally, conditions that last for only a few days or
weeks and have no permanent or long-term effects on an
individual's health are not substantially limiting impairments.
Examples of such transitory conditions are common colds,
influenza, and most broken bones and sprains. "

 

[shechrissy]

Section 902 Definition of the Term Disability

"Generally, conditions that last for only a few days or
weeks and have no permanent or long-term effects on an
individual's health are not substantially limiting impairments.
Examples of such transitory conditions are common colds,
influenza, and most broken bones and sprains. "

Thank you! That is exactly what I was looking for.

 

[eerelations]

Ummm, to clarify, a broken leg is not covered by the ADA.

 

[HomeGuru]

Ummm, to clarify, a broken leg is not covered by the ADA.

**A: now that's clearer.

 

[shechrissy]

Ummm, to clarify, a broken leg is not covered by the ADA.

Can you explain to me why?

A broken leg is a significant physical impairment that requires the use of a mobility device. Its restrictive condition can last well beyond the time a cast is on, as the bone is fragile and requires special care to be taken.

Thanks!

 

[Mass_Shyster]

Can you explain to me why?

A broken leg is a significant physical impairment that requires the use of a mobility device. Its restrictive condition can last well beyond the time a cast is on, as the bone is fragile and requires special care to be taken.

Thanks!

It is not covered because it only lasts a few weeks, and has no permanent or long lasting effects:


Section 902 Definition of the Term Disability

"Generally, conditions that last for only a few days or
weeks and have no permanent or long-term effects on an
individual's health are not substantially limiting impairments.
Examples of such transitory conditions are common colds,
influenza, and most broken bones and sprains. "

 

[shechrissy]

It is not covered because it only lasts a few weeks, and has no permanent or long lasting effects:


Section 902 Definition of the Term Disability

"Generally, conditions that last for only a few days or
weeks and have no permanent or long-term effects on an
individual's health are not substantially limiting impairments.
Examples of such transitory conditions are common colds,
influenza, and most broken bones and sprains. "

"Generally, ... most broken bones and sprains."

A broken leg is a significant physical impairment that requires the use of a mobility device. Its restrictive condition can last well beyond the time a cast is on or a mobility aide is used, as the bone is fragile and requires special care to be taken.

For example, my son had surgery on his broken bone when he was 3. His condition and need for special medical care continued well beyond the 12 weeks he was in a cast, it lasted for another 4 years before it was properly healed and he could resume activity considered "normal" for a typical child of his development age. His school and all his care providers had to take special precautions as not to re-injure the bone or move him a certain way that would cause him significant pain.

As in my son's situation, a broken bone can be a substantially limiting impairment. We're talking about a leg. Most people use their legs as their primary mode of ambulation. If the person is restricted in their activity for a substantial period of time due to the injury, and special precautions must be taken for the condition, that is pretty significant.

So, since the section you are quoting can differ from case-to-case and is based on the severity and impact of the injury, there could be a possibility this condition is, indeed, covered under the ADA?

Also, could you tell me what subsection you are quoting?

Thanks!

 

[Mass_Shyster]

Also, could you tell me what subsection you are quoting?

Thanks!

Section 902 Definition of the Term Disability

 

[ecmst12]

All ADA claims are evaluated on a case by case basis. While it is unlikely that this injury will qualify, the only way to know for sure is to file a complaint or have your case evaluated by an attorney. It is not something that can be definitively answered here.

However, if your day care is unable to provide the increased care/supervision that your daughter will need until her cast comes off, why would you want to take her there? If she were to be injured again because they were unable to provide this care, they could be liable, it sounds to me like they are making the right call.

 

[mlane58]

Courts have concluded that a correctable condition is not a disability. And courts have narrowed the definition by declining to call anything but an inability to perform similar tasks across a broad spectrum a disability. For example, a man who could no longer teach but could perform another occupation was determined not to be disabled under the ADA.

 

[shechrissy]

However, if your day care is unable to provide the increased care/supervision that your daughter will need until her cast comes off, why would you want to take her there? If she were to be injured again because they were unable to provide this care, they could be liable, it sounds to me like they are making the right call.

She's not my child, I am asking because this happened to a friend's child. If it had happened to my child, I would switch daycares without hesitation, but the point is, she should have the choice to return after the injury has been treated.

Off-topic, in response to your signature, for me, my actions have always been about justice. The lawsuit that was filed (and won) against my own child's daycare provider was not for financial relief, but was to enforce the ADA and make the nation's largest chain of daycares comply and change their policies. That was all I asked for, and that is what I got for my child- justice. I never saw any money, and if there was any collected from the company, it went straight to the non-profit attorney organization that represented my child. Don't give up hope on all humankind, there are still people out there whose priority is justice, and not financial gain.

 

[shechrissy]

Courts have concluded that a correctable condition is not a disability. And courts have narrowed the definition by declining to call anything but an inability to perform similar tasks across a broad spectrum a disability. For example, a man who could no longer teach but could perform another occupation was determined not to be disabled under the ADA.

Thank you for your perspective, I appreciate it.