b'a r y\'sCo rne rAft ~ ll-\'1_ _ _ _ _ _ _ 0 \\1 Effects ofInjuries on On-the-Job Employers: ADA and FMLA By Gary Auman, MRCA Legal Counsel This is the third and final install each working day for 20 or more calment of the potentialimpact of on endarweeksduringthecurrentor receding the-job injuries onanemployer.Inp calendaryear. TheAct thisI will discuss how suchappliestoemployeeswithimpairarticle, aninjury cancreateiss for youments w , with or without ruesho easonundertheADAandtheFML.A.ableaccommodation,canperform Remember, even if you feel that yourtheessentialfunctionsoftheir comp does not meet the numbere positions. anymployment of employees requirement under fed A qualifyingimpairmentisone On-the-joberal laws, your state may have similarthat subs ntially limits a ma life ta jor ormoredemandingla thatmayactivity. Theseactivitieshavebeen injuries can havews apply even if you have 15 employeesdefined to include functions such as a broad impact onor less.caring for oneself, p ingnerform maualtasks, walking, seeing,hearing, your company A breathing, learning, and working. .DA heappliesamil Me Act T AmericansWithDisabilitiesThe ADAto all forms ofF ydical Leave Act (ADA) applies to employers whobusiness and is not limited to con FMLA is another federallaw that have had 15 oremployees forstruction. Some states have en canimpactan employerwhohas moreacted laws whichapply toallemployersemployeeswhosufferon-the-job 1_-F withintwithout any relianceinjuries.withstatuteapplies lo ALL-BANon thetha stateemployees with thatThisparticularor more employnumber of employer.employers50 CABLEGUARD FALL PROTECTIONse,dayof Of cour this law may have broadees each workingduring each applicationwhenwor with20 weeks or morethe current kingduring ARoofer\'semployeeswhohaveon -jobor p ingcalendar year.The -the reced 50 "Ultimate\'\'injuries. T existence of the law canemployeesmay workeither atone he Fall Protectionimpacteverythingfromthelocation or multiple locations within a employer\'sn to r the75-mile distance. wishesoteturn Systememployee to employment, to return The law applies to employees who ing the employee to awith restric havebeenemployedatleast12 job tions in an attempt to accommodatemonths and for at least 1200 hours their work-related injury.duringtheprevious12-month T ADA must beconsideredbyperiod.T st appliesto heheatute an employer when trying to accom employees with serious health condimodate an employee\'s restric Iftions and these are defined as those tions. temthe employer is accommodating that require either in-patient care or porary restrictions, the modified jobcon n treatment by acare ti uinghealth shou beas tem forprovider. Of course,are all familldidentifiedporarywe aperiod of time.iar withthe situationthat arisesin defined When evaluatingrestrictions, theworkers\' compensation cases, where employermust determinewhethera workers\'compensationclaimant theemployeecould beaccommo gets into awith regimen of treatment datedif the n tial fu a c practorphysician on aon-essen nctionshiro orregwerethe job. Restric ular basis. eliminated from tions may not need to be accommo Oneofthekeyconsiderations dated if they will pose asafetyunder the Familyical Leave A1 directMedthreat to the employee or others.Continued on ne page xt'