Low Vision Expert Witnesses in ADA Cases
The Americans with Disabilities Act may involve a person with low vision in a claim or case where an expert witness is necessary to help the courtroom understand why the person needs assistance. If the person faces discrimination, injury or a lac/k of benefits due to his or her condition, the expert may need to explain the matter through medical and disability details.
If a person suffers an injury that causes low vision or deficits in visual acuity that cause low vision, he or she may lose a job due to inability to complete certain tasks. This may lead to effective disability from the inability to participate in a company’s duties, perform adequately for certain tasks or to complete work that relies on the eyes’ vision. An expert in low vision problems may need to connect the case to the ADA so that the former employee may become a part of disability due to inability to work in most occupations. Some cases may lead to a claim against the company through the workers’ compensation package or ERISA if the person participates in the program.
The Low Vision Expert ExplainedSome experts that work with the ADA situations require certain credentials. Additionally, the professional may need an education that supports the qualifications for a case. Often, this may include medical and healthcare fields of study. To remain a designated expert witness in a case, the professional may also need to pass a Daubert test of reliability and relevance through his or her field of study and experience in the matters of low vision. Whether the client has temporary or permanent low vision problems, this could lead to a claim with the expert in disability with a company’s programs.
What Is Low Vision?The ADA provides benefits to those that are blind in most circumstances due to the inability to hold down a standard job. However, there are new classifications for certain conditions that affect individuals across the United States such as low vision that occur occasionally. Low vision may have several different definitions depending on the person it affects. One particular issue with low vision is the inability to see certain points in the field of vision that an average person would have access to normally. The block in the field may hamper the capability and capacity to work when the industry requires the use of eyes.
Regarding disability, the low vision may stop a person’s chances of working in just any occupation. This could lead to a long and extensive search for a job that does not rely solely on the eyes to finish work. However, the person may need to train or study how to learn a new job that makes use of the other four senses. For the ADA, the person may have a valid claim of at least temporary disability. This is necessary for many with low vision that causes a severe lack of work due to hampered vision. If the person must relearn how to see, he or she may have little chance of remaining in the same job. Because of this, he or she may need to claim temporary or permanent disability.
The Expert in an ADA CaseWhen an expert has a background in the Americans with Disabilities Act, he or she understands what the agencies determine as disabled. With low vision that prevents working in just any occupation, the person may require disability for a least a temporary time. This may draw on the disabilities benefits from the company the person worked for while injured. If the low vision is harmful enough to the eyes, it could lead to permanent disability with to capabilities in working at all. This often leads to a claim denied by the company when the owner or management does not understand how the low vision affects the employee. He or she often loses the job because the low vision problem prevents performing adequately in the same industry.
The expert may need to fight to explain the problem. He or she may even need to succeed in a Daubert Challenge from the opposing legal team from the company. Then, it is up to the judge to determine if the expert’s testimony is admissible and reliable in these matters. Relevance is generally accepted for the case, but the scientific processes that the expert may use could have little to no peer review or acceptance in the medical field until years later. However, the expert’s testimony may help in providing the courtroom with enough information to deliberate properly.
Provided by HG.org
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.