Workers’ compensation claims, and how to keep them under control, have always been a focus for most employers. They occur in virtually all industries and can be costly and time consuming. There is no federal workers’ compensation law that addresses workplace injuries. It is a state law issue and each state enacts and enforces its own legal framework. Today, every workers’ compensation claim raises the potential for a variety of workplace laws to come in to play. Some have referred to this intersection of laws as the Bermuda Triangle of the workplace. To keep from being overwhelmed, you must look at what each of the laws requires separately. What rights and responsibilities apply to the situation under those laws?
Given that many workers’ compensation claims involve injuries that could be considered a “disability” under the provisions of the Americans with Disabilities Act, as amended, (ADAAA), there is a likelihood that it may apply at least in some work-related injury situation. In addition, since many workers’ compensation claims involve some period of leave from the normal job duties, leave laws can also come in to play. It requires patient analysis to work one’s way through the various laws to determine whether they apply, to what specific issues, and most importantly what steps must the employer take to be in compliance. The ADAAA, like the anti-discrimination rules of Title VII, applies if the employer has 15 or more employees and the injury at issue is a “disability”. It requires an employer to go through the interactive process to determine if a reasonable accommodation is possible without creating an undue burden.