Find the Right Disability Attorneys

Disability laws play an important role in the area of employment. State and federal laws allow persons with disabilities to receive benefits and compensation in connection with their impairment. Some of these laws also prohibit employment discrimination based on a person's disability.

Employees can file a disability claim for a number of reasons. For example, the person affected by the disability can file a claim to obtain compensation, to obtain more suitable work accommodations, or to recover losses for a work-related injury. In any disability claim, the biggest hurdle is proving that one is disabled under state and federal definitions.

Finding the Right Disability Attorney

A general definition of disability can be found in the Americans with Disabilities Act (ADA). According to the ADA, a disability is generally defined as any condition that 'substantially impairs' a person's ability to perform a "basic life task". For example, the condition usually must be so serious as to hinder a person's ability to concentrate, walk, stand, or perform other basic functions. Read more

Many state and local laws model their definition of disability after the ADA definition. In order for a person to be eligible for disability insurance or other types of benefits, they must fit the description provided by the appropriate statute. Definitions of disability often change over time. Thus, it may be necessary for a disability claimant to consult a lawyer to ensure that they qualify as disabled.

Discrimination is another major concern in regards to employment disability. Every employer must abide by anti-discrimination laws that prevent discrimination based on a person's disability. An employer may not discriminate against an employee or future employee at all stages of work, including recruiting, interviewing, hiring, training, promotions, distributing benefits, and termination.

Any employee who is discriminated against due to a disability may be able to file an administrative claim or a private civil lawsuit against the employer. Disability discrimination is illegal and can lead to legal penalties for the employer. An employee who is affected by disability discrimination may be entitled to recovery in the form of lost wages, and they can often be reinstated to their job position.

Disability laws may differ depending on the nature of your disability, as well as the type of employment you are involved in. If you suspect that you have a legal issue regarding employment and disability, you may wish to contact an employment lawyer for legal representation. Your attorney can help you file your disability claim and assist you throughout the entire process.

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