Employment Law Information

Archive for the ‘Disability’ Category

 
By Jane Frost

A federal employee may find himself in quandary after having an accident that renders him disabled. His only option will be to seek disability retirement and wait for the benefits. That definitely means leaving his job to live on the benefits alone or look for another job that can still accept him in his condition.

However, applying for those benefits only seems easy on paper. In fact, its approval is not always smooth and fast. Oftentimes, employees seeking the release of their benefits wait too long. That is if they are lucky enough to have their application approved. Because of this, they have to go to a federal employee law firm for help.

The federal employee law firm will help the aggrieved in processing his application and will see to it that it is approved. For many employees, this may be heavy on the financial side. However, unless they can live without their benefits, having lawyers to ensure that these are released is worth it.

It is true that disability retirement benefits are recognized as privileges and rights afforded to disabled federal employees. Still, for one reason or another, cases of these being delayed or denied do occur. Without an able lawyer to rely on, the poor former employee may just let these rights be violated by those who process his papers.

For the disabled former employee, knowing what his rights and privileges are will enable him to pursue his benefits through legal action. A federal employee law firm will provide him the education he will need on the laws and policies that govern retirement benefits resulting from disability. A lawyer will be assigned to him for this.

The aggrieved former employee should not wait too long before having a lawyer to help him in pursuing his disability retirement benefits. He only has a year since his separation to process this. If he processes it later than the allowed timeframe, he may no longer be able to get those benefits.

The value of disability retirement benefits may be small compared to the salary he once received. Relying on it alone is certainly not financially viable. To earn more, he may have to seek employment too. For as long as his salary is not too big, the law allows him to work in a job while receiving the benefits accorded to him.

However, counting the chicks before the eggs hatch can be frustrating. Therefore, instead of expecting the best out of his retirement benefits, he may as well approach a federal employee law firm as soon as he is separated. Starting early the process of acquiring those benefits is advantageous. It minimizes the possibility of denial or delay.

Jane Frost helps people that are injured and looking to get disability retirement. He also has extensive experience dealing with federal employee law firms.

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The phrase “reasonable accommodations” is left intentionally ambiguous. The Americans with Disabilities Act (ADA) specifies that an employer must make “reasonable accommodations” for employees with disabilities both mental and physical; however, exactly what that entails is unclear.

As specified by the ADA, an employer is not required to make any accommodations that cause them “undue hardship.” Primarily, this hardship would take the form of a monetary investment. When assessing whether or not an accommodation will cause them “undue hardship,” employers consider the following:

• The net cost of the accommodation

• The business’ available financial resources and how the accommodation will effect expenses and resources for other employees

• The size of the business, the number of employees, and the number, type, and location of facilities

• The overall impact of the accommodation on the business, including its impact on other employees’ performance

After considering the following, an employer may or may not make the requested accommodation based on the impact it will have on the company.

Examples

It may be easier to understand what is considered “reasonable” versus “unreasonable” in the eyes of an employer if you learn of some examples. The following scenarios are hypothetical, but are aimed to help you better understand what you are entitled under the ADA.

Reasonable

• Making a building’s pathways and sidewalks easily accessible for employees in a wheel chair

• Provide a large button phone for an individual with poor eyesight

• Modify schedule to allow a diabetic to eat regularly during their shift

• Providing a deaf employee with a TTY device instead of a phone

• Installing a ramp for wheelchairs to enter of the business

Unreasonable

• Installing an elevator in a building that is “grandfathered” in and is not legally required to have one

• Hiring an interpreter to aid a deaf person while at work

• Lowering worker expectations because of a handicap

• Reducing responsibilities for a disabled worker if it disrupts operations

Expenses

In most cases, employers who hire disabled workers do not spend a substantial amount of money. In fact, 31% of employers have made reasonable accommodations without any cost to the business, while 60% paid less than $1000. Only 11% of employers paid for accommodations that cost between $1,000 and $5,000, and less than 1% of employers paid more than $5,000.

For more information on how to determine reasonable versus unreasonable accommodations, contact the San Antonio employment lawyers of Melton & Kumler, LLP.

Joseph Devine

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All workers have certain rights granted to them by federal laws as well as laws from individual states which protect them against workplace accidents and negligent employers. In addition to the benefits experienced by employees, employers benefit from these laws because they increase the productivity of employees. The community benefits from workers’ compensation laws as well: the laws keep health costs low.

Injured Workers and Their Rights

If you are an employee in the United States, you should be familiar with your rights as a worker in regard to an injury, accident, and losses experienced in the workplace. These rights include:

Workers’ Compensation:

Every worker in the United States is entitled to workers’ compensation coverage. If you are hurt on the job or in the workplace, your employer may have a responsibility to help cover the costs of your medical needs. There are exceptions to the rule which vary by situation and state. If you think you are entitled to workers’ compensation coverage that you have not received, you might consider seeking legal advice.

Disability Compensation:

If you experience an accident on the job, you may experience injuries that leave you with either temporary or permanent disabilities. These disabilities may even prevent you from returning to your job, forcing you to miss work or forcing you to find other employment. For this reason, disability compensation from your employer can help provide you with funds to help support yourself and your family either during your time of healing or permanently if you are unable to return to work. Depending on your injury, your work history, and your employer, your compensation will vary.

Information:

As an employee, you are entitled to proper education about safety, insurance coverage, and legal rights. Your employer is obligated to provide you with this information any time you have any questions about workers’ compensation, disability compensation, or injury claims.

Formal Complaints:

You have the right to file a complaint if your employer neglects proper standards of employee safety and care or if you feel you have not gained just compensation for any loss. The Department of Workers’ Compensation can provide you with information about complaints, as can your employer, your insurance representative, or a legal adviser.

Despite the rights of all United States workers, some employers fail to properly recognize these rights. In this case it is often advisable to seek legal assistance. For more information about work-related injuries and workers’ compensation, contact the Des Moines workers’ compensation lawyers of LaMarca & Landry, P.C.

Joseph Devine

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