Workers’ Compensation and the ADA (Americans with Disabilities Act)

If an employee is injured on the job and due to the nature of his or her injury they can only return to some type of light or modified duty, the limitation may trigger rights covered under the ADA. Unfortunately, many people believe that because they were injured on the job, they are granted certain rights under the Workers’ Compensation Act that go beyond the wage replacement and medical costs. This is not true. However, there are certain rights that the injured party may have that the ADA provides.

For example, an employee who suffers a back injury which limits their ability to lift heavy objects. If the employee qualifies they may be entitled under the ADA to an accommodation to do heavy lifting.

Unless you are aware of the interplay between these two laws, you cannot possibly protect yourself.