Legal Question in Disability Law in Pennsylvania

Re: disablity payment and timelines

You asked about the Americans with Disabilities Act.

The ADA is meant to protect people with regard to physical or mental conditions that 1) substantially limit a person in a major life activity, 2) that are permanent in nature, and 3) which can be reasonably accommodated by an employer to allow a person to perform at their job.

Looking at the facts you provided, look at each of these factors (this is not the actual test under the ADA but is a good equivalent). Does she fit under all three? I didn't think so either. Rather she should consider using her short term or long term disability insurance policies. These would be handled by the employer's Human Resources staff or directly through the insurer.

Depending on the particular circumstances their may be an underlying claim for personal injury or workman's compensation. But that determination could not be made on the facts provided.

Regards,

Roger

Re: disablity payment and timelines

You have to take this up with the employer. The ADA probably covers her situation, so do your homework by looking through the employee manual first and checking with the benefits department/person.