After having suffered a traumatic brain injury and worked your way through the recovery process, on if your first goals may be to return to work. If you are able to do so, count yourself fortunate; many of those that we here at Rosenbaum and Rosenbaum, P.C. have worked with after sustaining similar injuries are never able to resume their careers. Yet few brain injuries fail to produce at least some lasting effects. These problems may affect your ability to do your job in the same manner you once did. Is an employer required to by sympathetic of that?
According to the Office of Employment Disability Policy, yes. It cites the fact that brain injuries as a disability under the American’s with Disabilities Act. This legislation prohibits employers from discriminating against you based on your injury. If, for example, you are seeking a new job, the ADA only requires that you disclose that you have suffered a TBI if you believe that you are going to need workplace accommodations. Yes, an employer may ask you to submit to a medical exam if one is believed to be necessary to perform a job, yet you do not have to agree to it until after you have conditionally been offered it.
If you are returning to your job, your employer is required to make whatever accommodations are necessary to allow you to perform it. That includes making modifications to an office space to accommodate any physical limitations you are now dealing with, as well as offering additional resources to help make completing your daily workflow manageable. Plus, your employer is required to be flexible with your work schedule as you re-acclimate to work environment.
You can find more information on resuming your life after a brain injury here on our site.