In case the unthinkable happens and a worker obtains a disability while working, special regulations apply in order to secure the worker's care and treatment. Discrimination of people with disabilities is a violation of the law and disabled people are to be treated fairly in matters of housing, education, employment or the access to public services.
The Americans with Disabilities Act (ADA)
The ADA was passed in 1990 in order to prevent the discrimination of the disabled similarly to the discrimination of individuals on the basis of race, color, age, religion, sex, and national origin. According to the act, a disability is defined as "a physical or mental impairment that substantially limits one or more of the major life activities of the individual." Having records of one or more of such impairments qualifies the person as an individual protected by the Americans with Disabilities Act.
Workplace Modification or Accommodation
Once an employee obtained a disability and now requires special modifications of the workplace in order to return to his/her previous position, there is a benefit available for the employer that is intended to support those necessary modifications or to purchase special adaptive equipment. Before those payments set in, however, there is the so-called "Qualifying Period" or "Elimination Period", which refers to the period between the day of the disability occurrence and the first day of the benefits payments.
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In order to fully understand your rights as a disabled worker and/or citizen, it is suggested to consult a disability lawyer. A disability lawyer has the knowledge and experience concerning the governing laws of disability. For the most accurate assessment of your personal situation and to make sure all your rights are intact, contact one of our disability attorneys immediately.