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If a worker is injured at work and found accomdations but sustains the same injury at home and is told he cannot return until he is fully recovered is this a violation of finding “reasonable accomodations”?
Asked on May 20, 2009 under Employment Labor Law, Pennsylvania
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It depends. An employer has to reasonably accommodate you but if you aggravate the injury on your own time and such injury actually prevents you from returning to work, or if your employer requires you to submit to an Independent Medical Examiner review to determine if you can return to work, and it would be dangerous for you to return, your employer may not have to accommodate.
Are you currently under workers' compensation for the first injury? How do you sustain the same injury at home?
Review the following from freeadvice.com:
When does an employer have to start to work out a plan with a disabled employee for accommodation of his or her disability?
An employer has a mandatory obligation under the Americans with Disabilities Act (ADA) to engage in a process with the employee to work out a reasonable accommodation to meet the employee's needs on an interactive basis both by (1) the employee's request to the employer for some accommodation based on disability, or (2) when the employer itself recognizes the employee's need for accommodation. The interactive process requires an analysis of the requested job and its essential functions; ascertainment of job-related limitations imposed by the disability; identification of potential accommodations and the effectiveness of each; and consideration of the preference of the disabled individual. An employer who fails to engage in the interactive process in good faith, faces liability under the ADA if a reasonable accommodation could have been worked out.
|Are there protections for the physically and mentally handicap?|
Federal law (Americans with Disabilities Act, or ADA) makes it unlawful to discriminate against an otherwise qualified disabled person in a workplace. Workplace protection covers job application procedures, hiring, firing, advancement, compensation, training, recruitment, advertising, tenure, layoffs, leaves, fringe benefits, and so forth. There are some exceptions, such as when a person’s disability prevents him or her from meeting reasonable qualifications for the job. This law applies to public sector employers, and private sector employers with more than 15 employees. Some states have laws that are more stringent, and, for example, cover employers with fewer employees.
In addition to employment nondiscrimination protection, other activities covered under the ADA include public accommodations, transportation, state and local government services, and telecommunications.
Locate an attorney in employment law and/or workers compensation and see if your particular situation requires a sit down with this employer and your lawyer. Try www.attorneypages.com and then check his or her record at the Pennsylvania State Bar.