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  1. #1
    Join Date
    Feb 2010
    Location
    Nevada
    Posts
    65

    Default ADA Accommodation and Return to Work

    My workers compensation claim was made in the State of: NV

    Ok, I'll try to make this as brief as possible.

    Shoulder surgery, Rating came back at 10%, FCE permanent restriction of 5 lbs on right arm.

    In NV apparently the IC sends the FCE results to the employer, the employer then has 30 days to make a "legitimate" job offer in writing that states they will accommodate the perm restrictions, the job and rate of pay... or they can just say we can not accommodate and the IW goes into voc rehab.

    Today, HR called me in and told me that they had to have my permission to evaluate me and told me I had to fill out an ADA accommodation request form. I told him I would not sign anything until I spoke with my attorney, WOW was he mad. I called my attorney and his paralegal said not to sign it until she speaks with the attorney. She said it sounds like they are wanting me to sign it and ask for specific accommodations so they can move me (at MY request) and get out of paying the wage diff.

    Has anyone had to fill out ADA paperwork in order to RTW? I have been back to work since last June, I think they are trying to decide whether to move me to a different dept. as well. I don't even know if my injury qualifies under the ADA guidelines. I have not heard back from my attorney and of course I have the patience of a two year old LOL. Just wondered if anyone has dealt with something like this before.

    Thanks
    Last edited by what2do; 01-20-2011 at 11:11 PM.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Soooo Confused. Getting the Run Around

    If your injury qualifies as a 'disability' under ADA, you must request an accommodation. The ER doesn't have to provide one if not requested.
    While not all work injuries result in disability under ADA, Congress expanded that definition where most do now.http://frwebgate.access.gpo.gov/cgi-...406enr.txt.pdf

    There is a article here http://www.rjop.com/PDF/Accommodatio...iveProcess.pdf, actually written for Calif. FEHA, but its' basically the same as ADA, and helps explain the interactive process and ADA reasonable accommodations.

    There are all kinds of rules under EEOC/ADA, you can follow the links here http://www.eeoc.gov/employees/ for more information.
    Here is some definition of "reasonable accommodation"
    Reasonable Accommodation

    Reasonable accommodation may include, but is not limited to: making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters.

    Reasonable accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards to make an accommodation. An employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids.
    As your ER is not required to engage in the interactive process unless requested by the EE/IW, looks like the form you are being asked to sign is just that...your request to engage with the ER in making the determination in making a valid job offer.
    Listen to your attorney.

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