Nursing is a tough profession. Studies show that nurses have a higher injury rate compared to other professions due to the physical demands of their work, particularly back injuries caused by lifting patients or standing for extended periods. The same is true for APRNs and Respiratory Therapists. The question then arises, does my employer have to give me accommodations because of my back injury?
The answer to this question depends on whether your injury rises to the level of a "disability." Under the Americans with Disabilities Act ("ADA"), a "disability" is defined as:
A physical or mental impairment that substantially limits one or more major life activities
A history or record of such an impairment
Being perceived by others as having such an impairment
Major life activities include walking, seeing, hearing, learning, working, caring for oneself, and more.
The ADA does not consider temporary impairments, such as a broken arm, to be disabilities.
This standard can sometimes be difficult to meet. While each state's laws are different, in the State of Connecticut it might be easier to establish disability. The Connecticut Fair Employment Practices Act ("CFEPA") uses a different standard to determine whether a condition qualifies as a "disability." Under the CFEPA, a "disability" is defined as a chronic physical or mental condition. Because the condition needs to be "chronic," a temporary impairment is not considered to be a disability. So while a broken arm may not be a disability, someone who has been given an impairment rating of their back may be considered to be disabled.
If you are considered disabled under either the ADA or the CFEPA, your employer is obligated to engage you in an interactive process to find reasonable accommodations that will allow you to perform the essential functions of your job as a Nurse, APRN, or Respiratory Therapist. Such accommodations can include things like allowing you to have frequent rest breaks or providing you with an ergonomic chair. What constitutes a reasonable accommodation depends on the nature of your job and your particular disability.
If you believe you have a disability that your employer is not accommodating, call the Law Offices of Anthony J. Pantuso, III at 203-726-0284.
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