How the Americans with Disabilities Act (ADA) Affects Workers’ Compensation Cases

The Americans with Disabilities Act (ADA) is a federal law that protects individuals with disabilities from discrimination in the workplace. In a workers’ compensation case, the ADA may apply if an injured worker develops a lasting impairment that affects their ability to perform their job. Employers must provide reasonable accommodations to help injured workers return to work, as long as doing so does not create an undue hardship for the company.

How Does the ADA Apply to Workers’ Compensation?

While workers’ compensation laws ensure medical care and financial benefits for job-related injuries, the ADA focuses on preventing discrimination and promoting workplace accessibility. The ADA applies when:

• A work injury results in a permanent disability that substantially limits a major life activity
• The worker is able to perform their job with reasonable accommodations
• The employer has 15 or more employees, making them subject to the ADA

Employers cannot refuse to hire, fire, or retaliate against an employee solely because of a work-related disability.

What Are Reasonable Accommodations Under the ADA?

If an injured worker can still perform their job with modifications, the employer must provide reasonable accommodations, which may include:

• Modified work schedules to accommodate medical needs
• Adjustments to job duties that fit within the worker’s physical limitations
• Ergonomic equipment or assistive technology to support job performance
• Reassignment to a vacant position if the worker can no longer perform their original job

Employers must engage in an interactive process with the worker to determine appropriate accommodations.

How Does the ADA Interact With Workers’ Compensation Laws?

Workers’ compensation and the ADA serve different purposes but can overlap:

• Workers’ compensation provides medical treatment and disability benefits for injured employees.
• The ADA ensures workers with disabilities have equal opportunities and workplace accommodations.
• Employers cannot force an injured worker to return to work if their condition prevents it.
• If an employer fails to accommodate a qualified worker, they may be in violation of the ADA.

What If an Employer Violates the ADA?

If an employer refuses to provide reasonable accommodations or discriminates against a worker with a disability, the worker may file a complaint with the Equal Employment Opportunity Commission (EEOC) or seek legal action.

Get Help With Your Workers’ Compensation and ADA Rights

If you are dealing with a work injury and have questions about your rights under the ADA or workers’ compensation, the Law Offices of Norman J. Homen can help. Contact us today for a free consultation.