What happens if state or federal workers compensation laws conflict with the ADA?
It may be a defense to a charge of discrimination under the ADA that a challenged action is required by another federal law or regulation, or that another federal law prohibits an action that otherwise would be required by the ADA. However, ADA requirements supersede any conflicting state workers’ compensation laws. ? Understand the impact of long-term disability plans Consider the interaction with LTD policies. An employer also needs to consider its long-term disability plan (LTD). Often, LTD plans provide income protection even in the event of workers’ compensation. Such plans simply offset the workers’ compensation payments. This becomes significant if the LTD plan provides group health coverage or if the employee is considered an eligible employee under the group health plan. Ordinarily, this is a separate plan from active group health and is not mentioned in the summary plan description for active employees. The employee (and covered family members) may need to choose between COBR
