Workers’ Comp and ADA: Watch the Overlap

Workers’ comp coverage and the Americans with Disabilities Act protections can overlap at times after a work injury. ADA protects people with disabilities from discrimination, not employees injured on the job. However, a work injury can trigger ADA.

For instance, if an employee is treated for a work injury and is able to return to work, there are no ADA protections. But if that same injured employee cannot return to the same position because of the injury, this is considered an impairment and ADA applies.

Workers’ comp laws differ by state and is typically the exclusive remedy. ADA is federal law and can open employers up to litigation. Depending on the workers’ comp law in the state where your company is operating, offering a similar or modified position to the disabled employee may meet the ADA requirements.

Staffing firms, in particular those that supply temporary employees in high-risk industries, need to be aware of when the ADA applies and its impact on workers’ comp.

LeastStaff has many workers’ comp and general insurance solutions to keep your insurance rates as low as possible.

Please visit our web site at www.leaststaff.com, call us at 202-302-1212, or email us at david@leaststaff.com for more information about all our staffing and workers’ comp offerings.

Sincerely
David Schek
President
Leaststaff.com