10 Lessons Learned From Expensive Claims Involving Employees With Disabilities and Serious Medical Conditions

Risk Research Bulletin | September 2005 | 0 Comments  Average 0 out of 5

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About This Resource

The more than 700 disability and medical related claims that UE has handled have resulted in payouts of more than $15 million, with the largest settlements approaching half a million dollars. UE has drawn lessons from these expensive claims to help your institution avoid the most common mistakes:

  • When employees take medical or pregnancy leave, consider how a proposed change in job requirements would affect that position, keep the reason for the leave confidential, and provide a returning employee with an equivalent job.
  • Avoid the appearance of retaliation by documenting all steps taken to follow policies and procedures that require reasonable accommodations.
  • Document any incidents of poor performance and accommodations offered in attempt to combat those performance deficiencies.
  • Engage in an interactive process with employees to make a good faith effort to fully understand and respond to their needs.
  • Be careful to avoid insensitive comments or actions that can be used as evidence of bias or a hostile work environment.
  • Train supervisors on how to recognize situations in which the ADA or FMLA act might apply and how to take action.

Read the report for more information and more lessons about how to avoid these costly claims.


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