Our team of experts fields real-life, everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s question: How can we protect ourselves against a workers comp claim when offering an ADA accommodation?
Question:
How can we defend against a situation where we: a) accommodate a disabled employee; b) risk that the disability will get worse as a result of working and we’ll end up with a workers compensation claim?
Can we deny the accommodation based on the belief that the disability will worsen as a result of the person’s continuing to work?
Answer:
With one exception, you usually can’t deny an accommodation based on the belief that work in general will worsen the condition and lead to a comp claim, explains attorney Adele Abrams, who specializes in ADA compliance.
The exception: The U.S. Supreme Court ruled in favor of a company that denied employment to a worker whose disability would have worsened as a result of exposure to chemicals common in the company’s factory.
So, if you can show a specific danger to the employee, that makes for a stronger case for denial.