Disability

kates · November 2002

We have a current employee who has MS. Over the last few years it has not really been an issue. Recently she has been collapsing in the office, at home and while driving. Her physician, her cousin, will not take her out of work due to her insistance. She insists she is contributing and will be ok. I am afraid that one day while at work, she will injure herself or someone else seriously. Can I force her to go out on disability? I believe that if she said to her doctor, "I need to go on disability", he would agree.

hrbanker · November 2002

This is complicated. Our policy would allow us to require a medical exam using a physician of our choice (at our expense) if there is a question as to whether or not she is physically able to do her job. Has she asked to be allowed to continue working as a reasonable accommodation? If she injures herself at work will your workers' comp account be affected? You may want to consult with your attorney on this one.

kates · November 2002

We have adjusted her job duties over the past few months to accomadate her many medical treatments which cause her to be unable to work. Good question about the comp.

Don D · November 2002

The fact that she has a disability and, subsequently, a granted accommodation, will, in my opinion, have no bearing on whether or not an on-job accident will be comp covered.

Whatever · November 2002

Check with an attorney. In New York, if someone is injured on the job (and that includes anywhere on the premises) it is workers comp. The law varies from state to state.

kates · November 2002

Thank you for your responses. Indeed, if she were to injure herself on the job regardless of the fact that her disability was a part of it, it would be compensable under the law. Unfortunately, even if she were to work out of her home and injure herself the same would be true. I am between a rock and a hard place!

hrbanker · November 2002

In cleaning up my desk, I ran into the SHRM Legal Report for Sept/Oct. One article covers hiring employees with medical conditions that could be a threat to themselves or others. The direct threat must be "based on a reasonable medical judgement that relies on the most current medical knowledge and/or the best objective evidence" and on your assessment of the person's present ability to perform the basic duties of the job safely. The employer carries the burden of proof. I would think this ruling would probably extend to current employees as well. The 'threat to self' would have to be determined by a physician or other health care professional.

How is she able to go to a relative for medical care? Our insurance would never cover it.

Disability

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