Can employers avoid increased workers compensation liability and still comply with the ADA?
Yes. One way would be to use information from medical inquiries and exams (taken after an offer of employment has been made) to screen out applicants with a history of fraudulent workers’ compensation claims and to screen out individuals who would pose a direct threat to the health or safety of themselves or others. What should an employer do when a worker is injured on the job? First, give the worker a medical examination to determine if he or she can perform the essential functions of the job held or desired, with or without reasonable accommodation. Next, scrutinize the employer’s light-duty job policy and determine if it is a viable alternative. Does the ADA require any type of rehabilitative programs? No. Can an employer reject the application of a person who is known to have already filed and settled six other workers’ compensation claims? Not outright. The issue is whether the employee can safely perform the essential functions of the job description. Is a person who falsifies a
