An occupationally-injured worker covered under workers’ compensation may be protected by the ADA as well, but is not automatically protected. To be protected by the ADA, the worker must meet the ADA definition of disability. The ADA does not require an employer to accommodate an employee with an occupational injury who does not have a disability as defined by the ADA, so it’s important to engage in the interactive process to determine whether the ADA applies.
By engaging in the interactive process while discussing a modified duty assignment for an occupationally-injured worker, it may be determined that the worker has an ADA disability and that alternative or additional accommodation solutions could enable the employee to continue working — as opposed to being on leave — or return to work. Job restructuring, equipment that can be used to perform job duties, a temporary reduced work schedule, or even reassignment to an alternative vacant position for which the employee is qualified might be effective reasonable accommodations.