Recently in a discussion with a colleague about the various aspects of hiring, accommodating, providing modified duty in the case of workers’ compensation and, heaven forbid, firing an employee with a disability, she told me it was “tricky.” Well, that’s true! But being informed and communicating policies clearly takes the “mystery” out of managing disabled workers and those who may become disabled following a work-related injury.
Don’t Let This Happen to You!
A maintenance worker with a visible disfigurement as a result of sustaining severe burns to his body in a house fire began working for a company nearly three years ago. The worker was physically capable and willing to perform all his job duties, but was fired after meeting the acting district manager, who reportedly said he “noticed he (the employee) was handicapped, deformed or something,” and “it’s clear he (the employee) can’t get the job done.” Cost to the Employer: $95,000 and court mandated training programs.
See: WCK Blog: “Maryland Facility Pays $95,000 for Disability Law Suit” at
https://blog.reduceyourworkerscomp.com/?p=502
Instead Be Aware!
ADA: Americans with Disabilities Act Discusses circumstances where an employer is obligated to accommodate employees with a disability able to perform the “essential functions of the job” with or without an accommodation.
Fact: 50% of ADA claims involved injured workers collecting workers’ compensation. It’s important to coordinate your transitional duty (TD), light duty, modified duty policy with ADA and FMLA requirements.
COBRA: Consolidated Omnibus Budget Reconciliation Act) defines rights of employees when no longer eligible for employer-paid health coverage and other benefits.
ERISA: Employee Retirement Income Security Act outlines employers’ obligations to continue benefits for employees with long-term disabilities.
FMLA: Family and Medical Leave Act requires employers to give employees unpaid leave for up to 12 weeks if the employee or family member has a “serious health condition.” Employers need to be aware of the possible obligation to extend FMLA benefits if an injured worker does not want to participate in the company’s transitional duty (TD) program. (workersxzcompxzkit)
See: WCK Blog: https://blog.reduceyourworkerscomp.com/?p=369
“Interviewing, Workers Compensation and Americans with Disabilities Act”
Disability and Employment Laws Vary from State to State: Have all policies and procedures used for the workers’ compensation management initiative reviewed by your insurance and legal resources.
Author: Robert Elliott, J.D.
WC Calculator: www.reduceyourworkerscomp.com/calculator.php
TD Calculator:
www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php
Follow Us On Twitter: www.twitter.com/WorkersCompKitDo not use this information without independent verification. All state laws vary.
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