What kinds of traumatic brain injury work accommodations can I ask from my employer?
Personal Injury - June 20, 2024
In accordance with the Americans with Disabilities Act (ADA), you may request traumatic brain injury work accommodations from your employer. If your employer chooses not to provide you with these accommodations, you may want to take legal action. At this point, it may be beneficial to consult with a Chicago brain injury lawyer who can go over your legal options with you.
The legal team at Horwitz, Horwitz & Associates understands the challenges that come with getting job accommodations. We’re here to advocate for you and protect your legal rights. To learn more, get in touch with us. Below, you’ll find answers to frequently asked questions we receive surrounding work accommodations for brain injuries.
What is the Americans with Disabilities Act?
The Americans with Disabilities Act offers legal protection to individuals dealing with disabilities. It prohibits discrimination on the grounds of disability. The act also helps ensure those coping with a disability receive the same legal rights as everyone else.
What is a person with a disability?
According to the U.S. Department of Justice Civil Rights Division, an individual with a disability includes anyone who is coping with a physical or mental impairment, who has a history or record relating to this deficiency, or who is viewed by others as having this detriment. ADA protects people who fall into any of these categories.
Is a traumatic brain injury a disability?
The U.S. Centers for Disease Control and Prevention (CDC) points out that traumatic brain injury (TBI) is a leading cause of disability. This injury may be debilitating, as it may permanently affect a person’s ability to move, speak, and think.
What are work accommodations?
Work accommodations, also called job accommodations, refer to adjustments to a job or workplace to help a person who is dealing with a disability perform everyday tasks.
What are job accommodations for a brain injury?
A worker may receive accommodations at a job based on an injury to the brain. For example, an employee may be dealing with physical limitations. In this case, their employer may install ramps or handrails to help ensure that this employee can safely get from point A to point B in a workspace.
Other accommodations may be available relating to an employee’s brain injury symptoms. For instance, if a worker who is coping with a TBI has trouble concentrating, their employer may provide them with additional time to complete work tasks.
Does my employer have to provide work accommodations based on my brain injury?
To comply with the ADA, an employer must provide reasonable job accommodations to a worker who is dealing with a disability. If you are coping with a traumatic brain injury, you may qualify for such accommodations.
How can I request job accommodations for my TBI?
You may request accommodations for work in writing or as part of a face-to-face conversation with your employer. From here, the employer must acknowledge your request. However, just because your employer receives your request doesn’t guarantee you’ll get the accommodations you want.
What should I do if my employer won’t offer work accommodations for my brain injury?
You may want to work with an attorney who has received many positive client testimonials. At this point, your lawyer can review your request and help you figure out what to do next. If your injury meets the ADA’s definition of a disability, your attorney may help you take legal action against your employer.
Can I sue my employer if they won’t give me job accommodations based on my TBI?
You may have an opportunity to seek damages based on your injury to the brain. At Horwitz, Horwitz & Associates, our attorneys are committed to justice. We’re here to provide you with legal help with your brain injury case. To schedule a free case consultation, contact us online or call us at (800) 985-1819.
