Legal Question in Disability Law in Oregon
What are my husbands rights under the ADA?
My husband was employed as an agricultural laborer for the past nine years. In 1997 he injured his back in the same area, on three seperate occasions. The third time was on Dec. 2nd, 1997. When my husband told his employer, his employer didn't give him a comp claim form as in the first two occurances, instead he was told to take a layoff to rest his back. On Feb. 27th, 1998, my husband's employer put him on permenant layoff, giving us thity days to move. Does my husband have a case under the ADA, and is my husband's employer exempt from the ADA, simply because he is agriculture?
1 Answer from Attorneys
Reply to ADA Question
The ADA does not exempt agricultural workers. Nor is the agricultural employer exempt from workers' compensation coverage. Your husband should consult a workers' compensation attorney about his claim. It also is illegal to discriminate because an employee has suffered an on-the-job injury. And, as you suggest, it may also be a violation of the ADA to terminate employment in these circumstances, but coverage under the ADA and related liability questions are complex and require that you spend time with a lawyer. You also have the right to contact the Civil Rights Division of the Oregon Bureau of Labor, at 503-731-4075, for assistance in pursuing a claim or just for information.
Please be aware that you have only a limited time in which to bring a legal claim. If you delay, all your right to pursue your claim may be lost forever. The limitations periods for different kinds of claims are of different lengths of time, and when the time begins to run can be difficult to determine in some cases. Do not delay. Act promptly if you intend to pursue a legal claim.
The comments contained in this response are not intended as, and should not be relied on as, specific legal advice. These comments are for general guidance only. If you need specific advice for a particular problem, you should consult a lawyer in person.
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