Sustaining a work injury can be traumatic. In addition to the physical pain, it can be emotionally exhausting. You might feel alone and depressed. However, there are federal laws in place specifically designed to protect you: The Family Medical Leave Act and The Americans with Disabilities Act. If you believe your rights under either of these laws have been violated, consult with a worker’s compensation attorney immediately.
What is the FMLA?
Established in 1993, The Family Medical Leave Act requires covered employers to offer workers 12 weeks of unpaid leave for:
- The birth and care of the newborn child of an employee;
- Placement with the employee of a child for adoption or foster care;
- Care for an immediate family member (i.e., spouse, child, or parent) with a serious health condition; or
- Medical leave when the employee is unable to work because of a serious health condition.
You are eligible for leave if you have worked for your company for at least 12 months, a minimum of 1,250 hours in the last year, and work at a site that employs 50 or more workers in a 75 mile area.
The Americans with Disabilities Act
The Americans with Disabilities Act was established in 1990 in order to prevent discrimination against individuals with disabilities in public life. This means that if you are disabled, you are protected by the ADA against discrimination at your job, transportation, school or any other public or private location open to the general public.
While the ADA does not list any conditions specifically, it defines a disability as any physical or mental impairment that substantially limits “major life activities” — walking, sitting, seeing, reading, and communicating. In 2008, amendments were made to the ADA that made interpretation of what constitutes a disability even broader.
Contact a knowledgeable NJ civil rights lawyer today
Kreizer Law fights passionately to protect the rights of workers throughout New Jersey. If you believe you are the victim of a civil rights violation under the FMLA, ADA, or EEOC, call 1‑(800)-4-JUSTICE® –1-(800)-458-7842 or contact us online to discuss your case with an experienced civil rights attorney today.