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ADA and Workers' Comp

JeepJeep 1 Post
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We have two inactive employees who had workers' comp injuries. One injury occurred 07-03-00 and the other 07-26-00. Neither has been released to return to work and I believe that workers' comp insurance is no longer providing benefits. Can we discharge them without causing problems?
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  • 2 Comments sorted by Votes Date Added
  • Down_the_MiddleDown_the_Middle 771 Posts
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    It doesn't sound to me as though you're very certain about their w/comp status. I'd suggest finding out the status of their claims b/4 discharging them. While discharge may be warranted under your current policies, retaliation for filing a w/comp claim is forbidden in almost all states. Assuming their claims have been denied, or have concluded, then discharge may be appropriate via your attendance policy, or some other provision. I would not assume that discharge is warranted w/o knowing more facts and you've not provided enuff info to make that determination.
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  • SystemSystem 5,885 Posts
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    Besides workers' comp, you need to consider whether they're entitled to more leave under FMLA or ADA. Tread carefully, since all three laws prohibit retaliation.

    James Sokolowski
    Senior Editor
    M. Lee Smith Publishers
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