Can we terminate disabled employee on workers comp?

A sewing machine operator complains of carpal tunnel, the Dr. agrees and recommends surgery. After the surgery the restrictions are such that the employee can not perform the essential job functions. Under the Americans with Disabilities Act (ADA) can we legally terminate that employee's employment?

Rita Risser's response:

The ADA requires you to reasonably accommodate someone only in the job she was hired to do; it does not require you to give her another job. Workers comp, however, depending on your state, may either require or encourage you to find that person another job within the company. This could be a job in a totally different vocation. If you train the employee in a new vocation, you may be entitled to some credits on your workers comp payments, tax breaks for hiring people with disabilities, etc.

If there is no position for which the person can be trained, then I imagine she would be eligible for long-term disability. Thus she would not be fired per se but rather given disability retirement. If you have no disability insurance, then workers compensation and ultimately Social Security Disability would be this person's sole source of income. Whatever the source of income, on your records it would be shown as a disability retirement.

I do suggest you hire a local attorney to advise you on the in's and out's of the laws in your state. Please do not rely on my advice!

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