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Americans with Disabilities Act (ADA) Issues

If an employee with restrictions can perform essential functions of the pre-injury job, with or without accommodations, employers are required to provide these accommodations.


For companies covered by ADA, there may be serious implications

when an employee is capable of returning to work but the employer does not have a transitional duty program if they are otherwise unable to accommodate the injured employee.


Keep the following key points in mind:

  1. Covered employers should not have a black-and-white policy on the maximum length of leave available to employees; employers must at least be willing to consider a longer period, if necessary, to accommodate reasonably the employee's disability, and notify employees on leave of this right.  
  2.  Employers must consider disabled employees for open positions for which they qualify on the same basis as other employees. Any program restricting certain light-duty jobs to a certain class of individuals is likely to conflict with the ADA.  
  3. Covered employers should consider providing notice to employees on leave about their ability to apply for reasonable accommodations during the leave process. By offering reasonable accommodations, employers increase the likelihood the courts will view the notice process as sufficient.

The adjuster's relationship with a diagnostic provider or certain physicians can be what can swing a claim one way or another. How?

Change can be good, and competition can be healthy as we sometimes become too comfortable and familiar with the normal relationships we have day in and day out. Here are some points of interest to consider going into the new year.

There is no way to avoid conflict, but be armed with these tips to diffuse even the toughest situations while remaining professional. Read it.  

Never assume rules are written in stone. Uncertainty will mount but never argue. Effective and efficient people may not win arguments but almost always produce results. Read on from Attorney Ted Ronca.

Take a look, it is in a book! Newsletters, conferences, brokers, TPAs and carriers offer great information. However, you need a resource at your fingertips to teach others on your team about workers' comp cost control.

RIMS '13 will introduce new products, establish your presence in the marketplace, reinforce relationships with existing clients,
and discover new clients from your target audience-all
for a great value-all at RIMS '13. 
New summaries for "drug testing and workers compensation state laws" for every jurisdiction are NOW posted on our website. Click on the link above to check it out.
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Lowering Workers Comp Costs for Employers

Rebecca Shafer, Attorney & Risk Consultant

Contact Us: Becki@ReduceYourWorkersComp.com

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