Funding for accommodating injured workers Lonelypussy
The most often cited disability where discrimination has been charged is in back impairments (18%).
These figures suggest that people already in the workforce who incur an illness or injury are using the coverage of the ADA to seek protection against discrimination.
The Workers Compensation Appeals Tribunal is however expanding the number of mental stress claims that fall within the “sudden and unexpected traumatic event” exception.
If this trend continues then more and more employers will be obliged to re-employ mentally stressed employees to suitable positions (as opposed requiring these employees to prove they can perform the essential job duties of the pre-injury position).
The key factor under this definition is that the person is substantially limited in his or her major life functioning.
Whether an injured worker is protected by the ADA will depend on whether or not the person meets the ADA definitions of "an individual with a disability" and "qualified individual with a disability." For purposes of the ADA, a person with a disability is one whose physical or mental impairment substantially limits one or more major life activities of that individual, or the person has a record of such an impairment, or is regarded as having such an impairment.
After making a conditional job offer, an employer may ask about a person's workers' compensation history in a medical inquiry or examination that is required of all applicants in the same job category.
After an employer has obtained basic medical information from all individuals who have been given conditional offers in a job category, it may ask specific individuals to take follow-up examinations and/or answer more questions if they are medically related to the previously obtained medical information.
If a supervisor is causing the mental stress then these workers will no doubt be seeking suitable employment in another department.
This trend will result in an earlier return to work for mentally stressed employees.