Working with Workers' Compensation

July 14, 2009 — Coupled with the impact of the recession, the sweeping changes in the newly enacted ADA Amendments Act (ADAAA) and the Family and Medical Leave Act (FMLA), have severely altered the economic and legal landscape for employers. These are two major reasons why, even in difficult economic times, a strong return-to-work (RTW) focus improves an employer's bottom line.

Because employers often find it difficult recognizing the benefits of RTW, here are 10 common mistakes they make:

Mistake #1. Failure to recognize the increase in the number of employees covered by the ADAAA. For employers covered by the ADAAA (those with 15 or more employees), more employees will satisfy the definition of disability and be entitled to reasonable accommodations, including those employees who have suffered on-the-job injuries. Employers covered by the ADAAA must make disability determinations without consideration of mitigating measures such as medication, hearing aids and assistive technology.