Spinal Injury Law

A spinal cord injury is a devastating event, with consequences that can affect the life of a person for years. There are, however, certain rights that victims have under spine injury law. These laws do not refer specifically to the type of injury that was suffered, but are typically grouped under the rights of those living with disabilities.

The most important group of spinal cord injury laws comes from the Americans with Disabilities Act (ADA), enacted in 1990. According to the United States Department of Justice, this act seeks full participation in American society for all people with disabilities. Every individual with an impairment that limits one or more necessary life activities is covered under the ADA.

Spine injury law: what are my rights?

Employment: the ADA prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against individuals with disabilities. Unacceptable forms of discrimination include those that occur when the individuals apply for jobs, or when they are trained, hired, fired, paid, or considered for advancement.

Employers must make reasonable accommodations for the disability of the person if he or she is hired, as long as doing so does not impose an undue hardship on the business itself.  Reasonable accommodation refers to making a business handicap-accessible. This can entail supplying additional training materials, altering existing business policies, providing needed interpreters, and modifying work schedules, equipment, or devices.

Undue hardship means that making such accommodations would be extremely difficult or expensive, in view of the size and nature of the business, and would strain the financial resources of the employer.

An employer may not ask job applicants specific questions about their disabilities. He or she may only ask about the ability of the applicant to perform potential job duties and functions.

Public entities:

The ADA states that individuals with disabilities may not be discriminated against in the programs, activities, and services of public entities, including those administered by state and local governments.

Private entities:

The ADA also states that individuals with disabilities may not be discriminated against by "private entities" operating places of "public accommodation." These private entities include banks, restaurants, supermarkets, hotels, shopping centers, movie theaters, day care centers, schools, colleges, universities, museums, and health clubs, as well as the offices of lawyers, physicians, accountants, and insurance agencies.

Contact the spinal cord injury law firm of Van Blois & Associates

If you or a loved one has suffered a spinal cord injury, contact Van Blois & Associates for an initial consultation to discuss your case. You can call us at 888-327-4453, or fill out our online form.