Workers’ Compensation RTW Skills Enhance ADA Accommodation Programs

Requirements of the Americans with Disabilities Act (ADA) interactive accommodation process have key parallels with workers’ compensation (WC) case management.

As employers develop program links between WC, non-occupational disability, and leave, the ADA fits into the partnership. Recognizing this, many third-party administrators and insurance carriers have added ADA accommodation to their menu of services.

Strictly speaking, however, the ADA is not a benefit but a right: a qualified employee with a disability has a right to reasonable accommodation under the ADA. In some cases, a leave of limited duration may be an effective accommodation, but the ADA is not a “leave benefit.” Employers may find it convenient to locate ADA functions in a particular benefit silo or with a particular benefit vendor, but employees have ADA rights even when no benefits are used.

Historically, the workers’ compensation (WC) program silo usually evolved in corporate risk management. Many case management and return-to-work (RTW) protocols pioneered in WC programs have been applied in non-occupational disability management, which developed later. ADA compliance programs more often are located in human resources (HR) and developed after non-occupational disability and leave benefits. Even so, the ADA and WC both frequently involve accommodating impairment-related work restrictions to enable staying on the job or RTW.

Program evolution is bringing these two natural partners together. Two sophisticated employers shared how they configure programs to deliver benefits effectively and comply with the ADA, including the interactive process of accommodation.

American Electric Power

American Electric Power (AEP), the sixth-largest U.S. utility, delivers energy to more than five million customers across 11 states, primarily in middle America. Many of AEP’s 17,500 employees have high-paying, high-skill jobs, making disability or absence a costly problem to prevent or reduce. AEP began integrating benefits in 1998, when the practice was still new and experimental, said Loyd Hudson, Integrated Disability Manager, who has led the integration evolution in his 31-year career with AEP.

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