Is there coverage under the Workers Compensation Policy for violation of the ADA?
Part One of the Workers’ Compensation Policy would provide Workers’ Compensation benefits for anyone suffering a bodily injury on the job. Part Two, Employer’s Liability may exclude actions brought under the ADA for a claim filed as a consequence of an industrial accident. Exclusion 7 states, “This insurance does not cover damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination against or termination of any employee, or any personnel practices, policies, acts or omissions.” What is a covered employer? As of July 26, 1992 a covered employer is any employer with 25 or more employees. Covered employers will include any employer with 15 or more employees as of July 26, 1994. What is the definition of a disabled person under the ADA? -A person with a physical or mental impairment that substantially limits a “major life activity” of that person. -A person with a record of having such a physical or mental
