ADA Injury Claim Lawyers Anderson Hemmat

Understanding ADA Violation Injury Claims

If you have a disability and sustained an injury because a business failed to comply with ADA accommodations, you could be entitled to legal action.

ADA lawsuits can arise when businesses fail to comply with the Americans with Disabilities Act, leading to legal action to address these violations.

If you are looking to submit an ADA claim, you likely have dozens of questions, and want to know your options moving forward.

This article will help you understand:

1. Regulations companies must follow under the ADA

2. What the ADA considers a disability

3. What is considered a violation of the Americans with Disabilities Act?

4. Most common violations

5. Facts about ADA

6. How to take the next steps

If you have more questions after reading please don’t hesitate in giving our experienced ADA infraction attorneys a call. They can answer any questions you may have. You may also submit a question on our FAQ page here.

Americans with Disabilities Act Information

The Americans with Disabilities Act, or ADA, is a federal law which protects the rights of people with disabilities. The ADA gets rid of barriers which would otherwise prevent participation in many aspects involved with working and living in America.

The Americans with Disabilities Act prohibits any level of discrimination towards people with disabilities in the workplace and requires employers to provide reasonable accommodations. Employers are prohibited from discriminating against people with disabilities in regard to employment related activities including things like: hiring, promotions, pay scale and benefits packages.

Disability discrimination occurs when employers make employment decisions based on a person's disability status, which is prohibited under the ADA.

The goal of this federal law is to provide equal access to opportunities for every citizen. This extends to employment, accessible transportation, equal access to accessible housing, and more.

The ADA also requires businesses and government facilities to provide accommodations for people who have a legal disability. Compliance negates any chance of discrimination against those who have disabilities.

For example, someone with a wheelchair should be able to gain the same access to a public library, a civic building, or a restaurant with the same ease as someone without a wheelchair.

How the ADA Defines A Physical or Mental Impairment

The ADA defines a disabled person as a person who has a mental or physical impairment that substantially limits one or more major life activities. This includes tasks like:

The ADA also protects against discrimination based on an employee's disability, ensuring they receive reasonable accommodations to perform their job duties effectively.

Someone who is substantially limited means that they are generally unable to perform a major life activity in the same way that the average person from the general population would be able to perform.

It also pertains to a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.

Qualifying disabilities under the ADA include a wide range of physical and mental impairments, ensuring broad protection against discrimination.

Disabilities listed under this federal law include things like physical handicaps, learning disabilities, and impairments with hearing or sight. Some examples of covered disabilities include:

Those who fall under these categories are in a position to file a claim against a business if said business violates ADA accommodation requirements or employment requirements.

Reasonable Accommodations and the Disabilities Act

The Americans with Disabilities Act (ADA) mandates that employers provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship. A reasonable accommodation is any modification or adjustment to a job or work environment that enables an individual with a disability to perform essential job functions. This requirement ensures that employees with physical or mental impairments that substantially limit one or more major life activities can work effectively.

Examples of reasonable accommodations include:

• Modifying job duties to suit an employee’s disability

• Providing sign language interpreters or other communication aids

• Installing ramps or other accessibility features in the workplace

• Setting up wheelchair-accessible workstations or other adaptive equipment

• Offering flexible work schedules or modified work arrangements

Employers are obligated to provide these accommodations unless they can demonstrate that doing so would cause significant difficulty or expense, known as undue hardship. The ADA also requires employers to engage in an interactive process with employees to identify the most suitable accommodations. This collaborative approach helps ensure that employees with disabilities receive the support they need to perform their jobs effectively.

What Is an ADA Violation?

ADA violations generally involve situations where a company failed to provide access or amenities in a public place for people with disabilities. Businesses and government facilities alike are legally required to provide accommodations for people who have disabilities, in most cases. With some minor exceptions to very small businesses, commercial and government facilities are expected to keep their places of business safe for employees and for customers. Failing to follow these requirements can manifest in the form of penalties for the businesses in question and costly private lawsuits.

Failure to comply with ADA requirements can result in ADA lawsuits, where businesses may face significant legal consequences for their violations.

The likelihood of private lawsuits increases when the violation in question has caused injury to the individual with disabilities. It is the duty of businesses to make sure that all of their patrons are accommodated, including those with disabilities.

There are local and state regulations which vary from one location to the next. Yes, there are precise requirements under the federal law for businesses to follow, but it is imperative that businesses also remain compliant with state-wide regulations and local requirements.

This duty for businesses and restaurants is called an affirmative duty. Business owners must make sure that people with disabilities can access all of their facilities safely before any injury takes place. Disabled persons must have access in what are legally defined as “public” places.

Public accommodations are defined as private entities that own, operate, or lease to a place of public accommodation. These include the following:

The only places that are exempt from these requirements are private membership clubs and religious organizations.

Violations of ADA accommodations in any of these areas leave the business open to legal ramifications such as:

1. Citations

2. Fines

3. Restrictions on business licenses

4. Legal injunctions prohibiting the business from operating until the conditions are rectified

5. Lawsuits for personal injury damages to an injured individual

Most Common ADA Violations and Reasonable Accommodations

There are common situations where people with disabilities have a case against a business for not abiding by ADA regulations.

• Failing to install a wheelchair ramp where one is required

• Failing to provide handicap parking spaces in a parking lot

• Failing to provide adequate handicap restroom accommodations

• Failing to provide handrails in the walkways

• Having walkways that are too steep or too narrow

• Having problems with escalator or elevator systems.

The ADA also ensures that individuals with disabilities have equal access to local government services, reinforcing the importance of compliance in public domains.

With each of these common violations, a plaintiff will have a case against that business if an injury was sustained because of the violation. This is considered negligence - whereby the business knowingly ignored their duty and by so doing, allowed a patron or employee to sustain injury.

Public Restrooms
Public restrooms must have stalls that provide adequate width for handicap accessibility. Every public restroom must be handicapped-accessible.

Aisles/Walkways
Merchandising shelves in a store must have 36 inches between one shelf and the next aisle over. Floors have to be cleaned on a regular basis, so no merchandise is in the way, causing a potential hazard to someone who, for example, is in a wheelchair.

Parking Lots
Parking lots must include a curb ramp which projects into an access aisle. There has to be a route for someone who is handicapped you access the building. There should also be a van accessible handicap space in the parking lot.

Ramps
Ramps must be an appropriate size. Common violations for ramps find their way into court because the landing area was too small, the ramp was too steep, had inadequate handrails or edge protection, or the side flares on the curb presented problems for those in wheelchairs.

If somebody in a wheelchair or an OPMDM (which is a mobility device used by a disabled person) is injured making their way up a perfectly accessible wheelchair ramp, that does not qualify as an injury sustained because a company failure to adhere to ADA accommodations.

However, if they are injured trying to make their way up a walkway that is too narrow for the wheelchair or trying to hoist their way up a set of stairs because a wheelchair ramp does not exist, the company can be sued.

Similarly, should a disabled person sustain an injury trying to make their way up a walkway because handrails were not properly installed, there is an opportunity to receive compensation for the injuries by filing a lawsuit against the business. This is known as a Premise Liability Case.

Types of Injuries Sustained Because of Properties that Are Not ADA-Compliant

A disabled person navigating a property that is not ADA-compliant faces a heightened risk of serious injuries due to inadequate accessibility features. Uneven surfaces, lack of ramps, and missing handrails can cause slip-and-fall or trip-and-fall accidents, leading to fractures, head trauma, or spinal cord injuries. For individuals using wheelchairs or mobility aids, the absence of proper curb cuts or narrow doorways can force unsafe maneuvers, increasing the likelihood of falls or tipping accidents that could result in broken bones, deep bruising, or dislocations.

Beyond physical injuries, non-compliant properties can also cause significant strain and harm to individuals with disabilities. For example, if an elevator is out of service or nonexistent, a person with limited mobility might be forced to climb stairs, risking exhaustion, falls, or exacerbation of pre-existing conditions such as arthritis or muscular disorders. Similarly, inadequate restroom facilities can lead to overexertion or hygiene-related health issues. These injuries and complications are not just physically damaging but can also lead to emotional distress, loss of independence, and financial burdens due to increased medical expenses and rehabilitation costs. Ensuring ADA compliance is not just a legal requirement—it is essential for protecting the well-being and dignity of individuals with disabilities.

Retaliation and ADA Violation Claims

Retaliation is a critical issue in ADA claims. The ADA prohibits employers from retaliating against employees who request reasonable accommodations or file complaints under the ADA. Retaliation can manifest in various forms, such as:

1. Terminating or demoting an employee who requests a reasonable accommodation

2. Denying promotions to employees with disabilities

3. Harassing or intimidating employees who have disabilities

4. Withholding reasonable accommodations in response to an employee’s request

If an employee experiences retaliation after seeking a reasonable accommodation or filing an ADA claim, they may be entitled to additional damages and remedies. Employers must take all complaints of retaliation seriously and conduct prompt investigations to address any issues. Ensuring a workplace free from retaliation is crucial for upholding the rights of employees with disabilities and maintaining compliance with ADA regulations.

Medical Leave as a Reasonable Accommodation

Medical leave can be considered a reasonable accommodation under the ADA. Employers are required to provide reasonable accommodations, including medical leave, to employees with disabilities unless it causes undue hardship. Medical leave may be necessary when an employee needs time off to recover from a disability or to receive medical treatment.

Employers cannot mandate that an employee be fully cleared to work without any restrictions or be “100% healed” before returning to work. Such a requirement constitutes a refusal to provide reasonable accommodations. If an employer denies reasonable accommodations or takes adverse employment actions, the employee may have a valid legal claim under the ADA.

When determining whether medical leave is a reasonable accommodation, employers must consider factors such as:

• The nature and duration of the leave

• The impact of the leave on the employee’s job duties and responsibilities

• The effect of the leave on the employer’s operations and business needs

• The availability of alternative accommodations, such as modified duties or temporary transfers

Employers must engage in an interactive process with employees to determine the appropriate reasonable accommodation, including medical leave. This ensures that employees with disabilities receive the necessary support while balancing the operational needs of the business.

More Quick Facts About The ADA

The Americans with Disabilities Act protects people with disabilities from discrimination in hiring. Specifically, if that person is equally qualified and able to perform the same functions as someone who is not disabled. However, the ADA does not require companies to hire an individual just because they are disabled.

Seeking assistance from a specialized law firm can help individuals and businesses navigate the complexities of ADA compliance and litigation.

Outside of employment, the Americans with Disabilities Act stipulates that businesses have to provide reasonable accommodations so that people with disabilities can access the same things that everyone else can access. This means having equal access to an entrance into a building in order to get into a restaurant or go to and from work. It means having equal access to facilities in the kitchen and the bathroom.

Many businesses believed that providing accommodations to people with disabilities is prohibitively expensive. But, the office of US Department of Labor has found that 57% of all accommodations for people with disabilities cost nothing to make or implement, and the remaining 43% cost around $500. More importantly, there are ample tax benefits to help companies provide the same opportunities to those with disabilities.

Businesses that have fewer than 15 employees do not get coverage for ADA provisions.

In a place of public accommodation that is leased, the landlord and the tenant have to decide who is responsible for making the changes and providing services to those who are disabled as part of the lease agreement. However, both landlord and tenant could be legally responsible for injury sustained due to a failure to adhere to ADA accommodations.

Businesses are not required to provide braille materials for sales tax or menus as long as retail stores or restaurants have staff qualified to read information to blind customers.

Businesses do not generally need a qualified interpreter in order to communicate with someone who is deaf so long as they can exchange information using a pen and notepad.

The number of complaints filed for ADA violations represents a small percentage out of the millions of lawsuits filed every year. It is believed that such lawsuits flood the courts simply because small or minor cases will often receive a considerably disproportionate amount of media attention compared to other types of lawsuits.

Getting Legal Help If You’ve Been Injured Because of an ADA Violation

ADA Requirements can be quite complex. Thankfully there are qualified attorneys who can help individuals with disabilities seek recompense for personal injuries, employment violations, or issues with housing and transportation.

The ADA requires employers to provide reasonable accommodations and prevent discrimination against employees with disabilities.

Businesses can also turn to qualified professionals for assistance in compliance with local and state regulations. Here at Anderson Hemmat, we have over 30 years of experience helping our clients get the compensation they deserve. Our Denver ADA injury claims attorneys can help you get to the bottom of your claims, guiding you through each step of the way.

Give us a call today to speak with one of our Attorneys on a free consultation, where we will help you understand:

1. If you have a case

2. How much your claim may be worth

3. What steps to take next

Get the injury representation you deserve. Give us a call today, or fill out our contact form to speak with our experienced ADA Injury Claims Attorneys.