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What Louisiana Workers Compensation Lawyers Should Know About the ADA When Their Injured Clients Apply to Return to Work with Alternative Employers

Louisiana Workers Compensation Lawyers, Longshore & Harbor Workers Compensation Lawyers and Jones Act Lawyers often represent clients who are unable to return to their heavy-duty job of injury. Because of permanent work-related injury restrictions placed on them by their treating doctors, these injured workers are faced with finding employment with another employer in a medium, light, or sedentary duty position.

The American Disabilities Act (ADA) helps protect these disabled workers in the pre-offer interview process. Specifically, the ADA prohibits prospective employers from asking applicants about their workers’ compensation claims history. Asking about job-related injuries or workers’ compensation history is prohibited because it related directly to the severity of the applicant’s impairment and are likely to elicit information about the disability. Furthermore, an employer may not ask a third party (such as a service that provides information about workers’ compensation claims, a former employer etc) any questions that it could not directly ask the applicant. Nor can the employer require medical examinations that seek information about physical or mental impairments or health.

However, once the job offer is made, a prospective employer may ask disability-related questions and perform medical examinations. The job offer may be conditioned on the results of post-offer disability-related questions or medical examinations. Louisiana Workers Compensation Lawyers can find more information online about the EEOC’s position under the Americans with Disabilities Act of 1990, on pre-employment disability-related questions and medical examinations.

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