Project Description
Work Disability
Work disability is when an individual is unable to perform work-related tasks. In some cases, the work disability can be solved with workplace accommodation; however, there are times when an individual due to their work disability can no longer hold that specific work position.
If you have experienced disability discrimination or plan to claim Social Security disability benefits, contact us for answers to your questions.
What Is Work Disability?
In general, there are two types of work disabilities. Of course, in reality, the spectrum of disabilities is a wide one. But to help define the idea of a work disability, we have limited it two types of disabilities.
You are either disabled with the ability to still hold a job or you are disabled and unable to work.
Work Disability And Employment
If you are disabled but gainfully employed, you are protected by ADA and PHRA. The definition of a disability according to these laws is specific.
Work Disability defined by ADA and PHRA.
A work disability is a physical or mental impairment that limits daily life activities without the aid of medication or wheelchairs. Also, these laws provide for employees with a history of disability or who are viewed to be disabled by their employer.
If you are disabled according to this definition of work disability, then you are protected from employment discrimination and your employer should offer workplace accommodation if you need it.
How Do ADA And PHRA Protect Me?
The Americans with Disabilities Act (ADA) protects the rights of workers with a disability by prohibiting employment discrimination in any of the following areas: hiring, firing, training, promotions, leave, and salary. Furthermore, if you are a qualified individual with a disability, your employer is required by law to make reasonable accommodation on your behalf so you can accomplish your work-related activities.
The Pennsylvania Human Relations Act (PHRA) provides further for workers with a disability by making discrimination illegal in the following areas: employment, housing, commercial property, education, and public accommodation. If you have experienced discrimination due to a disability in any one of those areas, you may be able to sue for disability discrimination so contact a lawyer immediately.
Work Disability and Social Security Disability Insurance
Another type of work disability is when the disability is so severe that gainful employment is not possible.
Of course, the Social Security Administration (SSA) investigates all claims of disability to ensure that the SSA benefits are being awarded to those who cannot hold a job.
Work Disability defined by SSA.
Work disability is severe physical or mental impairment that results in marked limitations, preventing an individual from gainful employment, and is expected to last long-term, potentially resulting in death.
How Do I Claim SSA Benefits?
Filing a claim for a work disability with SSA can be done in person, on the phone, or online. However, the SSA will need to investigate your situation and ensure that you are, in fact, unable to be gainfully employed due to your work disability. If you are able to work in some other occupation or job, you will not be eligible for Social Security Disability Insurance.
What Programs Does SSA Offer?
Social Security Disability Insurance is for individuals with a disability who have worked for a number of years, paying into the social security taxes, who meet the medical requirements of someone who is work disabled and unable to work anymore.
Supplemental Security Income is based on financial need for individuals with a disability defined by the Social Security Administration.
The difficulty with work disability is that the severity of disability differs greatly. Although there are laws that provide for severe work disabilities, the technical language can complicate your understanding of where a disability might fall. Does your work disability fall under the jurisdiction of the Equal Employment Opportunity Commission or the Social Security Administration?
If you have a work disability and want to know which laws protect your rights, contact a lawyer who will know the intricacies of these laws.
Don’t hesitate, talk to an attorney: (412) 626-5626 or lawyer@lawkm.com.
Kraemer, Manes & Associates LLC “KM&A” is a law firm serving all of Pennsylvania with our principal offices in Pittsburgh and Philadelphia. Call KM&A in western Pennsylvania at 412-626-5626 or in eastern Pennsylvania at 215-618-9185. KM&A can be reached by email at lawyer@lawkm.com.
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