Are Computers Hazardous to your Health?
Nov 21, 2001 11:45 AM
Rights of Injured UFT Members
Q: I have a repetitive strain injury that makes it painful to type and my doctor has prescribed an extended rest period and physical therapy. What can I do about my job?
A: You can use your sick days. If you’re regularly appointed, if necessary you also can take a leave without pay while recuperating. All UFT members are eligible to collect shortterm disability pay from the UFT Welfare Fund.
If your disability proves to be permanent and you can no longer perform the key functions of your job, you can apply for disability retirement, provided you are a member of the retirement system. Call the UFT pension representative in your borough office for more information.
Q: If I develop an RSI as a result of work at school, am I eligible for injury in the line of duty (LOD) pay?
A: At this moment, unfortunately no. In 1995, the UFT brought an RSI case to medical arbitration for the first time. It involved two school secretaries who had been diagnosed with carpal tunnel syndrome. As the union’s Grievance Department had anticipated, the arbitrator said that he could not grant line-of-duty injury status to someone with RSI because it was not specifically included among injuries that the board covered.
The Secretaries Chapter strongly believes that repetitive strain injuries are new to office work and should be eligible for line-of-duty status. If necessary, the union will try to address the problem with new contract language.
Q: What about the Americans with Disabilities Act? Does this federal law provide any protection for secretaries injured by computer work?
A: It may in some cases if your disability is permanent and if it substantially limits your ability to perform one or more major life activities, such as working.
The ADA protects disabled individuals from employment discrimination. It also requires employers to make reasonable accommodations (such as modifying equipment or job schedules) to the physical or mental limitations of an otherwise qualified individual with a disability, unless providing the accommodation would impose an undue financial hard-26 ship on the employer.
If you think reasonable accommodations would enable you to continue to do your job or if you believe you are being discriminated against because you have a disability (or are perceived to have one), the union can help you determine if you may be covered by ADA. Ask your chapter leader to contact your UFT district representative. The UFT has secured many workplace accommodations for members with a variety of disabilities, and the board usually has worked with the union to keep our members on the job.
Q: Could you give me examples of accommodations?
A: They will vary according to your disability and office setup, but here are two examples: limiting typing and providing ergonomic equipment.
Q: Can the union help me get an accommodation under the ADA?
A: Absolutely. If you need more help in securing an accommodation than your school chapter leader is able to provide, contact the UFT’s Committee for the Capably Disabled at (212) 777-7500.
