InsuremyWorkersComp_DisabledEmployee

A disabled employee can strain a business, notably if the company plays a part in the disability. The rising number of disease and injury- and disease-susceptible workers has many ramifications for business owners and employers. As workforce demographics change, employers can expect more and more workers to receive coverage by the Americans with Disabilities Act (ADA).

One factor influencing the population shift is the doubling of obesity rates in the country since the 1970s. According to the National Center for Health Statistics reports, that’s how much the number of obese individuals has increased, resulting in a corresponding rise in weight-related issues such as diabetes, high blood pressure, and unhealthy cholesterol levels.

Older workers are joining the labor force in increasing numbers. Considering their higher likelihood of hiring a disabled employee, employers can expect more disability claims from this segment in the coming years.

This scenario is even more challenging because employers are generally ill-prepared to accommodate workers with disabilities. Complicated laws and regulations further increase employers’ difficulties in meeting these challenges.

Tips for Dealing With a Disabled Employee

Here are some ways employers can deal with disabled employees and mitigate some risks involved in disability-related lawsuits. 

Put the Company’s Disability Policy in Writing

The employee handbook should clearly state the company’s disability accommodations policy. It should describe the dialogue process between employer and employee and emphasize the necessity of communication between workers and HR personnel.

The policy should be separate from the guidelines on nondiscrimination and anti-harassment. Employers should also assign HR staff to oversee accommodations requests. It ensures that employees know who to approach for disability concerns.  

Train Managers in Handling Disability Accommodation Requests

Managers and supervisors have essential roles to play in facilitating accommodation requests. In essence, what they know about accommodation policies should be what the company owners and administration mandate. Therefore, it is vital to train managers and supervisors thoroughly to prevent legal issues from arising from poorly handled accommodations requests. 

Training should include the correct procedure for dealing with accommodations and disabilities, whether formal or informal. It may prevent disputes resulting from improperly handled situations. 

Assess Disability Claims Individually

Employee requests are unique and individual instances. It is essential to give equal weight to suggestions from the employee when determining the proper course of action. As an employer, you should also engage in an interactive dialog with the workers to identify job-related factors that could dictate the most appropriate accommodations for the situation.

Maintain Communications

As an employer, you should strive to maintain communications even after granting the disabled employee reasonable accommodation. It is advisable to continue coordinating with the worker and their supervisor, monitor the case, and ensure that the accommodation was adequate and effective. Remember that your obligation doesn’t end when you accommodate your employee’s request.

Don’t assume that the situation has a resolution after your initial discussion with your employee and your subsequent decision. In some cases, the worker’s job and physical condition may change, necessitating additional time off. Employees should also inform the HR department if the accommodation needs to be revised or augmented.

Document All Interactions

It would be best if you documented all disability-related interactions between you and your employee, especially those pertaining to the accommodations process. Keeping all pertinent documents in the worker’s medical file is essential. 

Be thorough in your documentation. No discussion about disability accommodations is too short or too insignificant to document. Neglecting to jot down quick exchanges in passing could lead to complications later. Remember that the burden of proving exchanges often falls on the employer, so take steps to ensure you’re protected. 

About InsureMyWorkComp

InsureMyWorkComp is a digital brokerage that helps clients find the right workers’ compensation solution for their business needs. Unlike other online platforms, we will help you to work with an agent who can provide you the right solution for your risk profile. Our staff has over 50 years of workers’ compensation underwriting and sales experience, and we are confident that we will provide you the support that you need. For more information or to get a quote, contact us today at (855) 340-9138.