An exploratory study of the interactions between Title I of the Americans with Disabilities Act and workers' compensation insurance: Unintended consequences

The Americans with Disabilities Act (ADA) 1990 and workers' compensation insurance provide assurances for disabled and injured employees. The ADA prohibits discrimination in employment and access to public facilities and accommodations for persons with disabilities. Workers' compensation provisions provide reduced incomes and medical benefits for employees when they cannot work due to job related injury or disability.; There is little research on the interactions between the Americans with Disabilities Act and workers' compensation insurance provisions. A review of the literature and pending ADA litigation showed the majority of ADA claims involved employed individuals who were injured or disabled on the job. Unlike workers' compensation insurance provisions, the ADA allows monetary punitive damages, up to {dollar}300,000, if an employer is found guilty of employment discrimination against disabled workers. The monetary penalty associated with the ADA can be viewed as an incentive for employers to settle workers' compensation claims.; Twenty-six in-depth interviews were conducted with participants' familiar with worker's compensation, the ADA, and/or disability issues. Participants included attorneys, employers, policy makers, insurers, union representatives and disabled and injured workers. The operational questions included attorneys' uses of the punitive provisions of the ADA during workers' compensation negotiations and employer's attitudes towards injured or disabled employees.; The study results indicted that anti-discrimination provisions of the ADA are emerging in workers' compensation negotiations and the economic interests of attorneys, employers and other actors, created barriers to disabled workers' desires to return to work.