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ADA and Dwarfism

What happens to whistleblowers and workers facing discrimination in the work place? Tricia Newbold, a dwarf, claims the White House is freezing her out of a job (see article here).

This story reminds me of one of the best cases, and clients, we’ve helped over the years. It involves an American with Disabilities Act claim and the Equal Employment Opportunity Commission (“EEOC”) – legal areas which Goodin Abernathy LLP is experienced in, litigating cases with earnest to represent our clients.

Our client, “B”, is an Achondroplasia Dwarf. Outside of being a dwarf, B had normal dreams and aspirations like the rest of us had at a young age. B came to us because while she was working at a major restaurant chain, a manager and co-workers discriminated against her. They held her back from a job promotion and occasionally made disparaging remarks about her physical stature. They thought it was funny – but the remarks were mean to B.

B started as a hostess and wanted to get promoted to serving tables. Waitresses made more than those in the hostess position. Although the position required different physical requirements, B was up for the challenge.

The problem was, the restaurant outright denied her requests to be a server. On top of it, they were callous about it. The employer did not take time to consider what our laws say about equal opportunity for all workers. And probably worse yet, they did not take the time to consider the moral issues involved with the situation.

The Americans with Disabilities Act (“ADA”) and its 2008 update, the ADA Amendments Act (“ADAAA”), provide legal protection for disabled workers in our country. Goodin Abernathy LLP submitted a Charge of Discrimination for B with the local EEOC office. When the EEOC gave us a “Right to Sue” letter, we filed a legal complaint against the employer in Federal Court.

We collected evidence in B’s case, showing the employer failed to reasonably communicate with her about the server’s position. Nor did they consider whether reasonable accommodations would have easily allowed B to perform the server’s job. On top of that, our investigation revealed the rude comments by staff and B’s supervisors.

The company’s attorneys fought and complained, but we did not give up. We did not expect a lot. We did not expect for B to retire on the case – but we did expect to win. B recovered financial compensation allowed under the law. And, we won, because as attorneys, we used the law and fought for somebody’s equal rights.

Contact attorney Chip Clark at Goodin Abernathy, LLP with any ADA or EEOC questions you have. Give us a chance to partner with you – fighting for the legal rights you morally deserve.

Work Injury Benefits in Indiana

According to recent statistics, 4 in every 100 people suffer from workplace accidents or fatalities in Indiana. Most of these accidents and fatalities are preventable and could’ve been avoided if the employers or business owners were careful with jobsite safety and security. Businesses are required by law to comply with OSHA standards on their jobsites but it’s difficult to keep track of all sites, so some slip through the radar. The authorities recognize this gap and insist that all businesses have work comp insurance.

The Worker’s Compensation Act

If you’re injured on the job or if your loved one has died as a result of a workplace accident, you are entitled to compensation and work injury benefits from the company. The right is covered by the Worker’s Compensation Act, which mandates that all employers have insurance to cover their liability in such cases. Some employers can get special permission to pay claims from their own funds, but most will use insurance. Such cases are presented to the Worker’s Compensation Board. They decide on the compensation amount and whether there’s liability on the employer’s apart. Employers can face a lot of consequences and penalties if they don’t carry work comp insurance or provide work injury benefits to their employees. These consequences include:

  • An order to cease doing business. The employer will have to arrange for comprehensive work comp insurance if they want to work in Indiana once again.
  • The court will ask the employer to provide proof of financial ability to ensure they can pay any claims, deposit a security, or take an indemnity, or bond to secure compensation for all injuries or fatalities caused during the period without insurance coverage
  • The employer is also considered to have committed a Class A infraction. They can be persecuted by the injured party if they can’t provide adequate compensation when needed.

As you can see, there are some protections in place to protect the interests of the employees and workers.

The Work Injury Benefits

The act covers personal injury or death claims that arise out of and during the course of employment. The compensation provides a limited number of benefits to the injured party and these include:

  • Medical treatment
  • Compensation for lost wages
  • Compensation for any disabilities due complete loss or loss in function of a part of your body

These are the only compensations the act provides for – temporary injuries and minor disabilities. However, permanent injuries and total disabilities are a different matter because they can impact your ability to earn more income in the future. If your ability to earn a living and lead a productive life is compromised, the compensation amount and ruling will reflect that.

The employer is liable if the accident occurs as a consequence of the job and is due to errors or negligence by the employer to provide safety gear and systems. Here’s a list of injuries that might be covered by the work injury benefits law:

  • Intentional Injuries – These injuries, when caused directly by the employer and owner of business, aren’t covered by work comp. You can file a civil suit to gain compensation. However, deliberate harm caused by managers, foremen, or supervisors are covered by worker’s compensation.
  • Repetitive Trauma – Any trauma or bodily harm caused as the consequence of doing the job is compensable. For example, you can get compensation if you develop carpel tunnel syndrome as a consequence of the job.
  • Parking Lot – Injuries and accidents caused by poorly maintained parking lots are also covered by workers compensation.
  • Heart Attack – This is covered if the injured party can prove that their job or workspace environment triggered the heart attack.
  • Injuries Caused in Ingress and Egress Routes – If you get injured when you enter or exit the employer’s property, you are eligible for compensation because you were on your way to work when the accident happened.
  • Heat and Sun Related Injuries – This is common in outdoor jobs like construction, door-to-door sales, etc. If you have heat stroke, sunstroke, or heat prostration and can provide it could’ve been avoidable, you will earn compensation.
  • Psychological Trauma – Psychological trauma caused by the job or at the workplace is also considered compensable. This can be due to stress, poor workplace environment, bullying and threatening at the workplace, etc.

What Steps Should You Take When You Experience Workplace Injuries?

Your actions immediately after the injury can compromise your case if you’re not careful. Here’s what you need to do immediately after you’re injured:

  • Get medical assistance without delay. This should be your first step because delays can worsen the injuries.
  • Contact your employer and inform them of the injury as soon as you can. The more you delay, the more you compromise your case.
  • File an injury or accident report when you’re able.
  • Call a work injury benefits lawyer immediately.
  • Don’t sign any legal document your employer provides without consulting with your lawyer.

Why Do You Need a Lawyer?

A lawyer will protect your interests and make sure you’re not pressured into compromising on the compensation. Here’s what a lawyer will do to help you:

  • They’ll consider all the information you provide carefully and offer unbiased advice on compensation, liability, and your chances of winning a case against the employer if it goes to court.
  • They’ll collect evidence, witness statements, and other such information to make sure the case is rock solid.
  • Lawyers will also help if you there’s a fatality involved. They’ll ensure dependents of the victim are adequately compensated.
  • Lawyers will shield you from the insurance company’s or your employer’s legal team. They can use pressure tactics in order to reduce the compensation amount.

Most work injury-related cases are settled outside court after thorough negotiations between both parties. They agree to a specific amount that covers expenses and compensates for the suffering caused by the incident. Some cases go to court because the parties can’t settle for a reasonable amount.

If you have questions, contact our office for a free consultation.

We Come to You

We Come to You

Our Clients Come From All Over Indiana

Our experienced personal injury attorneys are currently accepting injury and wrongful death lawsuits all over the State of Indiana in all 92 counties. With today’s modern technology, distances do not create obstacles for representing our clients whether they are – from Terre Haute, Richmond, Evansville or Ft. Wayne, or any of the other great cities and towns in between.

We Come To You

Although we are conveniently located on the north side of Indianapolis, we don’t require that our clients come to us. Our central Indiana location may be convenient for you, but if not, we are happy to come to you to discuss your personal injury case. In fact, many of our meetings with clients take place at the kitchen tables or the living rooms of hard-working Hoosiers all across the state of Indiana. We will gladly do the same for you. Our consultations are free, and there is no obligation if you decide not to hire us to be your lawyers.

Knowledge of Local Ordinances

With vast experience helping injured Hoosiers throughout all parts of Indiana, we have gained extensive knowledge of not only Indiana law, but the local ordinances of communities all over the state. This can be significant in various types of cases from automobile accidents to vicious dog bites.

Wherever You Are, Contact Us

We are available 24 hours a day 7 days a week. Please call our toll free number 1-800-625-4710 or reach us locally at (317) 572- 8052 to speak with an attorney. If you prefer, you can send us a message via our website: www.GoodinAbernathy.com. We look forward to meeting you and earning the opportunity to by your lawyer.