WALKING A FINE LINE - MANAGING THE CONFLICTING OBLIGATIONS OF THE AMERICANS-WITH-DISABILITIES-ACT AND WORKERS COMPENSATION LAWS

As lawsuits are beginning to be filed under the ADA, one thing is clea r-the majority of suits are being filed against employers by current e mployees rather than by job applicants with claims regarding the hirin g process. Among potential ADA plaintiffs are workers' compensation cl aimants who meet the definition of ''disabled '' under the ADA. To avo id potential liability, employers must review their workers' compensat ion policies and procedures with an understanding of how these policie s may be affected by the ADA. Among the areas upon which the ADA may h ave the greatest impact are company medical examination and reporting procedures, return-to-work policies, and stipulations and agreements i n workers' compensation proceedings. This article offers some practica l suggestions to assist employers in complying with the ADA as they se ek to reduce workers' compensation claims.