Is an employer liable if an employee injures themselves due to a disability, but has refused accommodation?

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Is an employer liable if an employee injures themselves due to a disability, but has refused accommodation?

One of my employees has a condition that affects their equilibrium. We have offered them accommodations to help them with this condition but they have refused. If they now are inured at work because of this, are we still liable?

Should we have the employee sign a something stated that they have refused accommodation?

Asked on June 25, 2018 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It would be advisable to have them sign something showing they refused accommodation to prevent them from later claiming that they were refused a necessary accommodation.
If an employee is injured at work, they may be eligible for worker's compensation regardless of cause of the accident or fault, but would only potentially have grounds to sue if the employer were at fault; that is why it is a good idea to document that the employer made his/her own choice regarding accommodations and that the employer did nothing wrong.


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