Are second injury fund claims still valid under the ADA?
Yes. And the ADA still allows employers to obtain information about preexisting injuries and to provide needed information to second injury funds, with certain limitations. Can a person file both a workers’ compensation claim and an ADA charge? Yes. Filing a workers’ compensation claim does not prevent an injured worker from filing a discrimination charge under the ADA. What happens if state or federal workers’ compensation laws conflict with the ADA? It may be a defense to a charge of discrimination under the ADA that a challenged action is required by another federal law or regulation, or that another federal law prohibits an action that otherwise would be required by the ADA. However, ADA requirements supersede any conflicting state workers’ compensation laws. ? Understand the impact of long-term disability plans Consider the interaction with LTD policies. An employer also needs to consider its long-term disability plan (LTD). Often, LTD plans provide income protection even in the e