On July 26, we celebrate National Disability Independence Day, marking the anniversary of the signing of the Americans with Disabilities Act (ADA) in 1990. The ADA was a landmark civil rights law that expanded opportunities and prohibited discrimination against individuals with disabilities in employment, public accommodations, transportation, and many other areas of everyday life.

At The Law Offices of Kurt M. Young, LLC, we represent Ohio workers whose lives have been changed by workplace injuries. While Ohio Workers' Compensation and the ADA are two different laws with two very different purposes, they often intersect.

Workers' Compensation helps injured workers receive medical treatment and monetary benefits to offset some of the financial hardships from a workplace injury.  It does not, however, mandate an employer to accommodate your restrictions after a workplace injury or from non-industrial health issues. 

The ADA, on the other hand, may require employers to consider reasonable accommodation that allows qualified employees with disabilities to continue working, provided doing so does not create an undue hardship for the employer.  But it doesn’t compensate you if you can’t do that.

For many injured workers, recovery isn't simply about getting better, it's about returning to meaningful work whenever possible. Sometimes that means modified duties, adaptive equipment, a different work schedule, or other reasonable accommodation that allow employees to continue contributing their skills and experience.

Now, if your restrictions are related to the allowed conditions in your claim, and you are not yet at Maximum Medical Improvement (aka MMI or a plateau from which no change can be expected despite ongoing care) the employer does have an incentive to accommodate you beyond the ADA.  

Under Ohio Workers’ Compensation law if an injured worker cannot perform all of the duties of their former position of employment (all of the requirements of the job you were performing at the time of your injury) due to the allowed conditions in the claim, and the employer does not accommodate your restrictions, and you are not at MMI, then you are entitled to Temporary Total Disability benefits.  

Also, they are allowed to create a position of employment that may not have even existed previously, to accommodate your restrictions per your treating doctor.  If they do, and it is found to be a good faith job offer, you must accept it. 

Every situation is different, and navigating the relationship between workers' compensation benefits, return-to-work programs, and disability laws can be complicated. That's why it's important to understand your rights and responsibilities throughout the recovery process.

Today, we celebrate the progress made since the ADA became law and recognize the resilience, determination, and contributions of millions of Americans living with disabilities.  But we have a long way to go.  There are still areas even with Workers’ Compensation, ADA, FMLA, Social Security and others were the disabled faced challenges the law doesn’t address. 

Here's to workplaces that are not only safer but also more accessible, inclusive, and welcoming for everyone and for employers that see talents and abilities rather than roadblocks and disabilities. 

Happy National Disability Independence Day!

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