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When pondering return to work issues and potential termination issues, an employer dealing with a worker's compensation claim must also be cognizant of potential rights and obligations arising from the Americans with Disabilities Act and/or the Iowa Civil Rights Act. Obviously, not all employees qualify for coverage under the ADA, though employers with as few as four employees are obligated to honor the requirements of the Iowa Civil Rights Act.
If an injured worker has a qualifying disability, he/she may be entitled to reasonable accommodations upon return to work. No blanket statement can be given as to when a reasonable accommodation must be extended by an employer. Nor can a blanket statement be offered to determine whether a particular modification of the work duties or work environment will be considered a "reasonable accommodation." Instead, the facts and circumstances of each situation must be considered.
In some instances, an injured work comp claimant may be able to return to the pre-injury job with a modification that lowers stock to below shoulder level or provides some type of lifting assistance. In other instances, an employee may need more than the 12 weeks of FMLA leave, despite having a pending offer of employment to fully recover and return to work. A reasonable accommodation may requite transfer to a different job for which the employee is qualified. Of course, this case get complicated if there is a union contract or seniority rules in place that may affect another employee that also has certain legal rights.
The size and financial ability of an employer is important in making this decision. The expense, hassles, and effects on production of a particular accommodations must be considered. Therefore, whenever an injured worker requests some type of modification of his/her job after a work injury, the employer should be congnizant of the potential application of the ADA and/or Iowa Civil Rights Act. Pre-emptive action may be indicated and consultation with corporate counsel early in the process is wise.
Posted by William H. Grell on December 27, 2007 9:49 AM
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