Back pain is among the most common reasons for missed work days. According to a recently published article from the National Institute for Occupational Safety & Health (NIOSH), more than 1 in 4 (26%) working adults experience low back pain. However, not everyone who experiences back pain is considered disabled under the law. So, when does back pain qualify as a disability?
The Law
The primary law concerning disabilities is the Americans with Disabilities Act (ADA). In the United States, the ADA provides protections for individuals with disabilities, including those suffering from severe back pain or related conditions that significantly impair their daily activities. Under the ADA, you are entitled to reasonable accommodations at work, provided they do not cause undue hardship to the employer.
When Does Back Pain Qualify as a Disability?
Under the ADA, back pain can be considered a disability if it substantially limits one or more major life activities. The law is not black and white and there is no “one size fits all” answer. Every person’s disability and work circumstances are different, and each disability needs to be reviewed and determined on a case-by-case basis.
There are many factors that help determine if an employee’s back pain should be considered a disability. These include: the severity of the pain, its duration, and the extent to which it limits the employee’s ability to perform his or her work tasks.
Severity
For back pain to be considered a disability at work, it must be severe enough to significantly restrict your ability to perform your job. An example of this is having extreme pain when lifting heavy objects or when sitting for long periods of time.
Duration
Typically, chronic conditions that persist for several months or are recurrent are more likely to be classified as disabilities. If you’ve had a bad back for a week or two, it may not yet be long enough to be considered a disability.
Impact on Work Performance
Back pain is considered a disability when it directly affects your capacity to fulfill your job responsibilities. This could mean unable to perform physical tasks (i.e. heavy lifting), difficulty maintaining concentration due to pain (i.e. can’t sit for long periods of time), or frequent absences needed to manage the condition. Basically, if you cannot work in your current role because of your back pain, you may need an accommodation.
What Should I Do if My Back Pain is A Disability?
Rights and Accommodations
Knowing Your Rights
If your back pain is a disability under the ADA, you have rights. In most cases, your employer cannot fire you for having a disability and must provide a reasonable accommodation. However, there are certain circumstances that you should be aware of when your employer does not have to provide an accommodation and can terminate you from your position:
- Performance and Conduct: Employers can terminate employees with disabilities for the same reasons they would terminate employees without disabilities.
- Inability to Perform Essential Job Functions: If an employee, even with reasonable accommodations, cannot perform the essential functions of the job, an employer may have grounds for termination. Before considering termination, employers must explore all possible reasonable accommodations that would enable the employee to perform these essential functions, unless doing so would result in undue hardship for the employer.
- Direct Threat to Safety: An employer may terminate an employee if the individual poses a direct threat to the health or safety of themselves or others in the workplace that cannot be eliminated or reduced through reasonable accommodation.
- Undue Hardship: If accommodating the employee’s disability would impose an undue hardship on the operation of the business, an employer might be able to terminate the employee.
- Other Non-Discriminatory Reasons: Employers can terminate employees with disabilities for reasons unrelated to their disability, such as economic downturns or restructuring.
Request an Accommodation
Accommodations for back pain can vary widely depending on the nature of the work and the specific needs of the individual. They may include ergonomic adjustments to the workspace (i.e. new chair or desk), flexible scheduling, the ability to work from home, modified job duties, or specialized equipment.
You will need to work with your employer on determining the best accommodation for both you and them. The job may not be exactly what you had in mind, but it is temporary. Remember, if the accommodation imposes an undue hardship on the operation of the business, an employer might be able to terminate the employee.
Provide Medical Documentation
Under the (ADA), an employer is allowed to request medical documentation to verify the existence of an employee’s disability and the need for an accommodation. Your disability request could be denied if you do not provide proper medical documentation. The medical documentation should be a diagnosis from a healthcare professional that details the nature of your condition, its impact on your abilities, and any recommended accommodations.
What if I Can’t Work At All Because of My Back Pain?
If you are unable to work because of your back pain you may be able to take time off under the Family and Medical Leave Act (FMLA). The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons, including serious health conditions. The back pain must be so severe that you are unable to perform the essential functions of your job.
If your employer offers short-term disability, you may also be able to take paid time off. The eligibility criteria set forth by your short-term disability insurance policy will determine whether you can take paid leave. Short-term disability will run concurrent with FMLA.
Conclusion
Back pain can be considered a disability at work when it is so severe that it keeps you from performing your job tasks effectively. It must be ongoing and not something that just happened within the last week or two. If you feel like you may be considered disabled under the ADA and your employer is refusing an accommodation, speak with an employment attorney. Unless your employer experiences an undue hardship, they should be providing an accommodation.
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Disclaimer: This article is intended for informational purposes only. It provides general information and is not intended and should not be construed as professional advice. The author is not your attorney, accountant, financial planner or any other professional and no professional-client relationship is created. We do not represent that the information provided is accurate or up-to-date as laws and regulations are always changing. If you have an issue that requires professional help, you should contact the appropriate professional to help you on your specific set of facts. Please read the Terms and Conditions for additional information.