There is an alarming increase in employment litigation filed against employers by employees injured on the job.
More and more employees are making claims for not only workers compensation benefits, but for violations of the FMLA and ADA during the worker compensation claim. Employers are finding themselves in Court because of missteps made during the worker's compensation claims process. This topic will arm you with practical tips and information necessary to protect you from additional liability by avoiding the landmines of the FMLA, ADA and associated statutes.
This topic is designed to give practical tips to employers and anyone consulting with or advising employers, in navigating the employment statutes, and to present employment best practices when an employee claims or is receiving workers compensation benefits. We will provide guidance in handling the workers compensation claims in the context of the ADA and FMLA, from the initial work injury through the return to work and all aspects of the claims, such as medical examinations, the job offer, the interactive process, requests for modified duties, request for modified work schedules, and intermittent leave. This is a can't miss topic.
- You will be able to review FMLA basics and practical tips for administering FMLA leave for work-related injuries.
- You will be able to discuss ADA basics and practical tips for complying with the ADA.
- You will be able to describe practical tips in navigating the FMLA and ADA in the context of a workers compensation claim.
- You will be able to identify final tips to avoid turning workers compensation cases into an employment claim.
FMLA Basics and Practical Tips for Administering FMLA Leave for Work-Related Injuries
- How to Handle Notice and Eligibility Requirements
- What Medical Documentation and Eligibility Documentation Is Required and How Often Can I Request Documentation?
- Intermittent Leave and Tracking Intermittent Leave, Tips for Protecting the Employer
ADA Basics and Practical Tips for Complying With the ADA
- How to Avoid Running Afoul of the ADA With a Workers' Compensation Claimant
- What Is an Employer Allowed to Do Under the ADA?
- What Is Required of the Employer Under the ADA?
- The ADA Interactive Process in the Context of a Workers' Compensation Claim
Practical Tips in Navigating the FMLA and ADA in the context of a Workers' Compensation Claim
- Medical Inquiries and Examinations
- The Return to Work of a Workers' Compensation Claimant
- Intermittent Leave for Treatment After Return to Work
- Requests for Modified Duties in a Return to Work Scenario
- Request for Modified Work Schedules
- Requests for Leave of Absence
Final Tips for the Employer to Avoid Turning Workers' Compensation Cases Into an Employment Claim
Lauri A. Kavulich,
Clark Hill PLC
- Member of Clark Hill PLC, a national law firm, in the labor and employment practice group, and the managing member of the Philadelphia office
- Serves as both a litigator and consultant to clients of the firm in the areas of labor and employment law (such as the ADA, Title Vll, the ADEA, FMLA) § 1983 civil rights litigation, FELA and workers' compensation
- Regularly consults with employers regarding best practices to avoid exposure for additional employment claims arising from workers' compensation claims
- Certified as a workers’ compensation law specialist in Pennsylvania
- Has been practicing workers’ compensation and employment law for 28 years
- Named a Super Lawyer (top 5% of lawyers) every year from 2004 to present
- Past chair of the Philadelphia Bar Association Workers’ Compensation Section
- Regularly lectures to national audiences in the area of the employment law, and most specifically, the interaction of FMLA, ADA and workers’ compensation
- J.D. degree, Villanova University School of Law
- Can be contacted at 215-640-8527 or email@example.com
This live webinar is designed for human resource and benefits professionals, safety directors, risk managers, compliance officers, insurance professionals, business owners and managers, accountants, controllers and attorneys.