Does a Workers Comp Disability Rating Entitle You to Protection Under ADA

[sotiredofit]

My question involves workers compensation law for the state of: Alabama

I received a disability rating of 15%, but was able to perform within the guidelines to retain my position with my employer. That was Five years ago. I am now having physical challenges again directly related to my workers comp injury that occurred five years ago. During this time, my employer has increased production standards. My question is:

Does a disability rating of 15% only apply towards the configuration of a monetary settlement for workers comp, or am I eligible to seek protection under the ADA, as I am finding it very difficult to maintain current company standards. I only have a few years til I qualify for my pension,and fear I will not make it. Thanks to all who volunteer at this site.

Sotiredofit

[Mr. Knowitall]

If you have a disability that qualifies you for ADA protection, you may seek protection under the ADA. Having a disability rating from your comp case does not, of itself, mean that you have a disability that qualifies you for ADA protection. You may - but that wil turn on your diagnosis, limitations, and prognosis for recovery.

[cbg]

Keep in mind that even if it does, the ADA does NOT require your employer to lower company production standards for you. The ADA entitles you to a *reasonable* accomodation that will allow you to meet those standards; not to being excused from them.

[sotiredofit]

My request would be a time allowance of an additional 20/30 minutes over the course of a 10 hour day. This surely cannot be construed an economic burden to a multimillion dollar organization.

I find it hard to believe that a company would not be required to give an individual with a disability rating and in a protected class (concerning age) more time to complete physical tasks.

[cbg]

Age is irrelevant. The discrimination laws are designed to ensure that people who are over 40 are treated the same as younger employees; they were never designed to give them special treatment. That's what we're trying to get AWAY from.

Whether any specific disability, or disabilty rating qualifies under the ADA is situation specific. There is no law that automatically grants you across the board protection. Once it is established that the ADA applies, then what is reasonable also is situation specific. Granting you extra time to do some tasks may or may not be reasonable, depending on how they fit into the overall organization.

[sotiredofit]

What is the process to determine if an individual's limitations are applicable to ADA in the workplace? I'm almost embarrassed to seek such protection, but I have been employed most of my adult life in a union position, with skills that are unfotunately nontransferable to most other institutions. Again, thanks for all advice, God Bless.

[cbg]

Do you have a disability that severely restricts one or more major life function(s)? What is the nature of your disability?

And if so, what accomodation are you seeking?

[sotiredofit]

I have had spinal fusion which restricts movement,lifting,and walking. Back pain/spasms have been increasing dramatically over the past year and has affected my ability to walk for long periods of time without taking small breaks. I would hope to receive an accomodation of additional time to complete my assigned tasks. Thank You for your posts.

[cbg]

That would probably fall under the ADA, yes; you'll want to formally request accomodation from your employer.

Whether or not allowing you additional time is "reasonable" is not something we can address from here; it would depend on the job and how your part of the job fits into the overall production. I can think of situations where it both would and would not be reasonable.

[sotiredofit]

What is the process to determine if an individual's limitations are applicable to ADA in the workplace? Do I request documentaion from my employer and then have it completed by my doctors. Or does a lawyer play a vital role in this procedure. WHO, ultimately decides eligibility protection under ADA? Is it a "legal battle", or just shuffleing paperwork all parties involved.