Arkansas Injury Lawyer Blog

Arkansas is the only state without a trauma center to deal with people who suffer a personal injury. Currently, the Arkansas Legislature is debating a plan to institute a trauma system. Unfortunately, a similar plan was defeated in 2007. Hopefully, this will not happen again.

According to government statistics, 15,000 people are hospitalized with injuries in Arkansas. Of those, 2,000 people die from their personal injuries and 6,000 suffer permanent disabilities each year. Arkansas has the third highest death rate in the country from motor vehicle accidents. According to the U.S. Centers for Disease Control and Prevention, there are 25 deaths per 100,00 people annually in the state compared to a national average of 15.2 per 100,000.

It is time that the Arkansas Legislature act and develop a trauma system to help people who suffer a personal injury in Arkansas. State health officials state publicly that a trauma system would prevent an estimated 2,000 disabilities and save 200-600 lives of Arkansans who don't get appropriate care fast enough.

In my personal injury law firm, I have seen clients transferred from one hospital to the next to get to a hospital that can handle their injuries. I also have clients that were forced to travel hundreds of miles to get appropriate medical treatment for their personal injuries. In the proposed trauma-system bill, hospitals and emergency rooms would be linked statewide ensuring that the trauma patients are taken from the accident scene directly to the closest facility that is best able to treat the specific injuries. This will save valuable time in the treatment of personal injuries.

The Americans with Disabilities Act was originally signed into law in 1990. Unfortunately, the Federal Courts made lawsuits under the act more and more difficult for disabled Americans since its adoption. Therefore, the United States Congress passed amendments to the ADA and these were signed into law September 25, 2008. These amendments take effect January 1, 2009.

In enacting these amendments, the Congress stated that the original act was to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. The amendments also clarify that the ADA was intended to provide broad coverage. The findings and purpose of the amendments reject the narrow interpretation that the United States Supreme Court and lower courts interpreted the ADA to cover in the years after its original adoption.

Specifically, the act:

-Directs the EEOC to revise that portion of its regulations defining the term "substantially limits";

-Expands the definition of "major life activities" by including two non-exhaustive lists:

the first list includes many activities that the EEOC has recognized (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating);

the second list includes major bodily functions (e.g., "functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions");

-States that mitigating measures other than "ordinary eyeglasses or contact lenses" shall not be considered in assessing whether an individual has a disability;

-Clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;

-Provides that an individual subjected to an action prohibited by the ADA (e.g., failure to hire) because of an actual or perceived impairment will meet the "regarded as" definition of disability, unless the impairment is transitory and minor;

-Provides that individuals covered only under the "regarded as" prong are not entitled to reasonable accommodation; and

-Emphasizes that the definition of "disability" should be interpreted broadly.

These changes were much needed and they will have a positive effect on prohibiting discrimination based on an employee’s disability. If you or a family member has been discriminated against based upon a disability, please contact me today at the Pfeifer Law Firm. I can discuss how these changes will affect disability claims in Arkansas.