If you're asking yourself, "Do I need a Disability Lawyer?" then read this overview of disability law now.
Are you disabled? Have you been discriminated against in the workplace? Do you suspect that you have been confronted with disability discrimination? If so, you may have the legal right to file a lawsuit with a disability lawyer.
Let’s suppose for a minute that you were denied employment, turned down for a raise, or told that, because of your disability, you were not eligible for a promotion. These unfortunate events – along with a long list of other forms of discrimination – are surprisingly commonplace, even today. It's at this point that you may be asking, "Do I need a disability lawyer?"
Indeed, despite the fact that disability litigation has increased as a direct result of more and more people knowing their rights, there is still a long way to go. That’s because even while more people are rightfully claiming disability, many others are still left in the dark.
Are you one of them?
To find out if you have a valid disability claim, it will be important to take a quick look at the guidelines set forth by the Americans with Disabilities Act of 1990 (ADA). In case you are not familiar with the American with Disability Act, you should know that it clearly spells out the definition of what a disability really is.
Indeed, per its definition, a disabled person:
• has a physical or mental condition which affects his or her everyday life
• is perceived by others as having this disabling condition
• has a recorded history of this disabling condition
Okay, so you now know, officially, that you are disabled – you’ve probably known it for a long time. But here’s where it gets interesting – the law prohibits virtually all forms of discrimination against disabled people, including that of workplace discrimination. Other forms of discrimination forbidden by the disability act involve:
• public accommodations access
• public transportation access
• by association
If you've been discriminated against because of a disability, and you are wondering where to turn for a lawyer, it is extremely important to be familiar with the law. At this point, Important questions arise such as: what are your rights and legal protections when you claim disability at work? First of all, you should know that you actually will be required to produce evidence of your disability to your employer, once you have made the claim for your short term disability insurance benefits.
But here is where it can get tricky. That’s because employers often ask for too much information. Indeed, if you are like most people today, you value your privacy – and you will feel uncomfortable when employers cross the line by asking for personal medical information in the event that you claim disability.
But more than just violating your privacy, asking for too much information is often against the law. Indeed, the guidelines for what information is appropriate to ask for require medical information to pertain directly to the disability cited in the claim. Anything else is strictly off bounds.
And why is this? There are many negative outcomes to giving up too much information. The disabled person like you who ends up giving up more information than he or she feels comfortable with may end up dealing with more than just discomfort. Employers who know too much about personal records may make behind-the-scenes decisions which ultimately will jeopardize your job.
Nevertheless, disability law also dictates that persons who intentional inflict disabling wounds upon themselves as well as those who use illegal or certain controlled substances – such as alcohol – on the workplace may be ineligible for a disability insurance claim.