Does everyone with an occupational injury have a disability within the meaning of the ADA?Does everyone with an occupational injury have a disability within the meaning of the ADA? No. Even if an employee with an occupational injury has a ''disability'' as defined by a workers' compensation statute, s/he may not have a ''disability'' for ADA purposes. The ADA defines ''disability'' as: (1) a physical or mental impairment that substantially limits a major life activity, (2) a record of such an impairment, or (3) being regarded as having such an impairment. Impairments resulting from occupational injury may not be severe enough to substantially limit a major life activity, or they may be only temporary, non-chronic, and have little or no long term impact. |
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