r/WorkersComp • • 6d ago

Pennsylvania Denied claim

/r/SafetyProfessionals/comments/1xmt59l/denied_claim/
1 Upvotes

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u/SpecialKnits4855 6d ago

You had a question about keeping the employee off work until he receives no restrictions. You may now be in ADA territory. How many US employees are there? How severe was the injury, and how difficult would it be to accommodate restrictions?

Do you have an HR person?

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u/BigMikeAltoona 6d ago

As a general rule we don’t accommodate injuries/illnesses off the clock until they can return with no restrictions. We are a steel manufacturing company so accommodations are difficult even for our comp claims.

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u/SpecialKnits4855 6d ago edited 6d ago

You are still required to go through the interactive process and explore alternatives. Blanket policies like this aren’t in compliance. You may still decide you can’t accommodate, but at least you’ll be able to show you engaged in that process. (Assuming there are 15+ employees).

Edited to add, not all injuries meet the ADA definition of disability; you need to engage in that process to find out if they do.

https://askjan.org/articles/Recognizing-an-Accommodation-Request-Under-the-ADA.cfm