Audio Conferences

  May 13, 2008 at 02:00PM ET

When a worker is injured, employers must look beyond their state workers compensation laws and consider how those laws interact with the federal Americans with Disabilities Act (ADA).

In most cases, the definition of disability under state workers’ compensation laws differs from ADA because the state laws serve a different purpose.

A majority of the lawsuits brought under ADA are by current employees who are either injured on the job or, because of non-work related injuries or conditions, request a light duty position.

Despite the EEOC's enforcement guidance, there are still many legal ADA land mines which must be avoided in the workers compensation and light duty arena.

Here’s how to avoid legal problems with the conflicts between ADA and state workers compensation laws.

Join IOMA and its ADA and Workers Comp experts in this compact 90-minute audio program and learn…

• Basics of the ADA, from who is covered to what is a reasonable accommodation.
• When a workers compensation injury or illness is covered by the ADA, and how to deal with areas of overlap, including…
• Requesting or taking an absence
• Restoration of the employee's job under workers comp laws and the ADA
• Return to work issues
• Light duty and part-time return-to-work issues
• Return-to-work reassignment requests
• Interrelation between the ADA concept of direct threat and concern regarding a previous workers compensation injury
• Continuation of benefits/compensation during absence
• Medical examination procedures
• What to do when the ADA and workers comp laws are in conflict
• How to review your leave policies to make sure that supervisors and managers have the day-to-day guidance they need
• What your responsibilities are in relation to recordkeeping and reporting
• How to avoid problems during the hiring process
• Recent court decisions that clarify (or confuse) these issues

FEATURED FACULTY

Hayes Stover
Partner, K&L Gates

A partner in the Pittsburgh office, represents employers in employment and labor. His practice includes advising on the creation of employment policies and handbooks, a topic on which he has presented at conferences; defending employers in labor, discrimination and employment matters in federal and state courts; and advising on compliance with federal and state employment laws.

Condon McGlothlen
Partner, Seyfarth Shaw

Condon McGlothlen is a partner in the Chicago office of Seyfarth Shaw, representing employers in equal employment opportunity and other employment law matters. He has particularly extensive experience representing companies in complex employment matters, including class actions and pattern and practice cases, as well as the development and implementation of advanced hiring, promotion, compensation, and separation systems. Mr. McGlothlen has tried numerous cases in federal district courts across the country, and has successfully argued half a dozen cases in the U.S. Court of Appeals for the Seventh Circuit. He has particularly extensive experience under the Americans With Disabilities Act. Mr. McGlothlen co-chairs the firm’s ADA Task Force. In 2005, he was selected as an Illinois Super Lawyer, one of 5% of Illinois attorneys to receive this honor. Mr. McGlothlen is also AV Peer Review Rated by Lexis/Nexis Martindale-Hubbell – the highest possible rating for both ethical standards and legal ability.