What You Need to Know About Returning to Work After a Brain Injury

According to the CDC, approximately 1.4 million people suffer from traumatic brain injuries (TBIs) each year, many of which are sustained as workplace injuries. TBIs alter brain function, either temporarily or permanently, as a result of some outside force. In some cases, extensive rehabilitation is necessary to recover. Unfortunately, some people never fully regain their full capacities and are left with damaging effects. This is what you need to know about going back to work after sustaining a TBI:

The Americans with Disabilities Act (ADA) protects the rights of people with disabilities. This federal law explains that if someone suffering from a TBI has the credentials, experience, licensure, and education to perform a job or can adequately perform the necessary functions to complete the required tasks, either with or without any accommodations, the employer may not treat the employee or applicant differently than anyone else. ADA laws also require the employer to provide any reasonable accommodations necessary.

For those who sustain a TBI while on the job, it can be nerve-wracking to return to work, especially if they performed their job without any accommodations before the accident. Rest assured, ADA laws protect you from discrimination. In addition to fair and equal treatment, ADA laws also prohibit employers from asking an employee or an applicant about their disability, unless the employee brings it up themselves. Therefore, if you need accommodations, it is your responsibility to request them. Reasonable accommodations include:

• Shortened hours
• Special equipment
• To-do lists
• Modifications of duties
• Rest breaks
• Job restructuring

If, after your injury, you decide to seek new employment, you are not obligated to disclose your disability to any potential employer during the hiring process. If your disability is not visible, it is a good idea to make accommodation requests after your date of hire. However, if your limitation is evident, you may consider having an open discussion with your potential employer to address any concerns they may have.

If you sustained a TBI at work, your employer is obligated to provide any reasonable accommodations necessary to help you keep your job. Income lost due to a disability is often devastating. Call a San Jose workplace injury attorney immediately if you lost your job or were not hired due to an employer’s unwillingness to assist you in performing your tasks. At Corsiglia McMahon & Allard, L.L.P., we have a reputation in the legal community for defending the rights of our clients. With our experience and proven track record, we will help you get the compensation you need and deserve to help you get back to a normal life. Call our office at 408-289-1417 to schedule your free initial consultation.

• Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
• Job Accommodations
• Accommodations