Maybe you developed your injury on the job because of a workplace accident, or perhaps you were in a car crash on your way home from work, making the injury technically unrelated to your profession. People get hurt in ways that affect their ability to keep working every day.
Regardless of how you have acquired an injury that affects your ability to do your job, you have the right to request that your employer accommodate you and your needs so that you can continue to work. Without support and some compromise by the company, you might not be able to continue working your job and supporting yourself.
It is illegal for employers to discriminate against workers with injuries or disabilities. Instead, they should do their best to allow injured workers to stay on the job and continue contributing to the company. When do employers have to accommodate an employee’s injury or medical condition?
Is the company subject to the rules of the Americans with Disabilities Act
The Americans with Disabilities Act (ADA) was a groundbreaking piece of legislation at the time that Congress passed it. It affirms the rights of Americans with medical conditions and disabilities and creates the necessary legal framework for them to stand up for those rights.
Employment rights are some of the most important protections that workers receive under the ADA. Employers cannot discriminate against workers with disabilities in hiring, promotions or other aspects of employment. However, these protections aren’t universal. Only businesses with 15 or more employees have an obligation to comply with the rules in the ADA.
The request should be reasonable and not cause harm to the company
If your company should be compliant with the ADA due to its size, then it’s important that the business makes reasonable attempts to accommodate you and your medical condition. You can make requests based on doctors’ recommendations, the limitations of the existing business facilities or the requirements of your job.
Reasonable accommodations can range from requesting a wheelchair ramp to having an office closer to the bathroom because of a digestive condition. Companies should make every effort to accommodate workers unless their requests constitute an undue hardship for the business. If your employer won’t help you, that refusal might constitute discrimination and could warrant action to stand up for your rights.