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Accommodating workplace injuries

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According to the Bureau of Labor Statistics, back injuries account for nearly half of all musculoskeletal disorders in the workplace (BLS, 2013).

The major symptom of most back impairments is back pain, which can be localized or widespread radiating from a central point in the back.

Because this law makes several significant changes, including changes to the definition of the term "disability," the EEOC will be evaluating the impact of these changes on this document and other publications. EXPIRATION DATE: As an exception to EEOC Order 205.001, Appendix B, Attachment 4, a(5), this Notice will remain in effect until rescinded or superseded. DISABILITY The Commission has provided general guidance on the definition of the term "disability" under the ADA in EEOC: Definition of the Term "Disability," 8 FEP Manual (BNA) 451 (1995).

See the list of specific changes to the ADA made by the ADA Amendments Act. SUBJECT: EEOC Enforcement Guidance: Workers' Compensation and the ADA 2. This section applies that guidance in the context of occupational injury and workers' compensation.

The ADA also requires employers to provide reasonable accommodations -- changes to the workplace or job -- to allow employees with disabilities to do their jobs.

(For more information on the ADA, see Disability Discrimination in the Workplace: The ADA and ADA Amendments: More Protections Against Disability Discrimination.) A reasonable accommodation is assistance or changes to a position or workplace that will enable an employee to do his or her job despite having a disability.

Employers are encouraged to contact JAN to discuss specific situations in more detail.

Each publication in the series addresses a specific medical condition and provides information about the condition, ADA information, accommodation ideas, and resources for additional information.If there is trauma to the brain, but the skull is not broken, the TBI is known as a closed head injury.This could occur, for example, if a person in an automobile accident hits his head on the steering wheel, but does not have a skull fracture.In truth, the checklists are most valuable for employees who want to get or keep a job.The Americans with Disabilities Act (ADA) Amendments Act of 2008 was signed into law on September 25, 2008 and becomes effective January 1, 2009. _______________ _____________________________________ Date Gilbert F. Casellas Chairman EEOC Enforcement Guidance: Workers' Compensation and the ADA TABLE OF CONTENTS INTRODUCTION DISABILITY QUESTIONS AND EXAMINATIONS CONFIDENTIALITY OF MEDICAL INFORMATION HIRING DECISIONS RETURN TO WORK DECISIONS REASONABLE ACCOMMODATION LIGHT DUTY EXCLUSIVE REMEDY PROVISIONS INDEX (removed in ASCII version) EEOC Enforcement Guidance: Workers' Compensation and the ADA INTRODUCTION This enforcement guidance concerns the interaction between Title I of the Americans with Disabilities Act of 1990 (ADA)1 and state workers' compensation laws.2 The purpose of Title I of the ADA is to prohibit employers from discriminating against qualified individuals because of disability in all aspects of employment.3 On the other hand, the purpose of a workers' compensation law is to provide a system for securing prompt and fair settlement of employees' claims against employers for occupational injury and illness.4 While the purposes of the two laws are not in conflict, the simultaneous application of the laws has raised questions for EEOC investigators, for employers, and for individuals with disabilities in a number of areas.5 In this document, the Commission provides guidance concerning the following issues: * whether a person with an occupational injury has a disability as defined by the ADA; * disability-related questions and medical examinations relating to occupational injury and workers' compensation claims; * hiring of persons with a history of occupational injury, return to work of persons with occupational injury, and application of the direct threat standard; * reasonable accommodation for persons with disability- related occupational injuries; * light duty issues; and * exclusive remedy provisions in workers' compensation laws.Examples of accommodations include: These are just a few possible accommodations.