workers' compensation

Search FAQs by Keyword

  • Medicare, Medicaid, private health or disability insurance, and Worker’s Compensation may pay for some assistive technology. Funding sources often require a statement of medical necessity for the product or equipment and a prescription from a doctor or other health professional. Public educational institutions may have funding for assistive technologies needed to meet educational goals.  State vocational rehabilitation agencies may provide assistive technology for their clients when it is needed to achieve vocational goals.  Many states have programs to provide adaptive telecommunications equipment for deaf and hard of hearing individuals and others who need adaptive equipment for telecommunications.  For more information about funding assistive technology, contact your state’s Assistive Technology Act Program.  A list of these programs can be found at http://assistivetech.net/webresources/stateTechActProjects.php.

    For home modifications, such as installing ramps or renovating bathrooms, funds may be available through vocational rehabilitation agencies, local independent living centers, and local volunteer organizations that offer labor or materials for construction.  To find contact information for your local center for independent living visit http://www.ilru.org/.

    Veterans with disabilities may receive assistance for improvements necessary to make a home and essential lavatory and sanitary facilities accessible under the Home Improvements and Structural Alterations (HISA) program. A HISA grant from the U.S. Department of Veterans Affairs is available to Veterans who have received a medical determination indicating that improvements and structural alterations are necessary or appropriate for the effective treatment of his/her disability. The HISA program is available for both service-connected Veterans and non-service-connected Veterans.

    Home improvement benefits up to $6,800 may be provided for a:

    • service-connected condition
    • non-service-connected condition of a Veteran rated 50 percent or more service-connected

    Home improvement benefits up to $2,000 may be provided to all other Veterans registered in the VA health care system. The prosthetics department of the VA may also donate lifting equipment such as chairlifts or vertical porch lifts.  To learn more about the program, visit http://www.prosthetics.va.gov/HISA2.asp.

    Audience:

    Tag:

  • Only injured workers who meet the ADA's definition of an "individual with a disability" will be considered disabled under the ADA, regardless of whether they satisfy criteria for receiving benefits under workers' compensation or other disability laws. A worker also must be "qualified" (with or without reasonable accommodation) to be protected by the ADA. Work-related injuries do not always cause physical or mental impairments severe enough to "substantially limit" a major life activity. Also, many on-the-job injuries cause temporary impairments which heal within a short period of time with little or no long-term or permanent impact. Therefore, many injured workers who qualify for benefits under workers' compensation or other disability benefits laws may not be protected by the ADA. An employer must consider work-related injuries on a case-by-case basis to know if a worker is protected by the ADA.

    An employer may not inquire into an applicant's workers' compensation history before making a conditional offer of employment. After making a conditional job offer, an employer may inquire about a person's workers compensation history in a medical inquiry or examination that is required of all applicants in the same job category. However, even after a conditional offer has been made, an employer cannot require a potential employee to have a medical examination because a response to a medical inquiry (as opposed to results from a medical examination) shows a previous on-the-job injury unless all applicants in the same job category are required to have an examination. Also, an employer may not base an employment decision on the speculation that an applicant may cause increased workers' compensation costs in the future. However, an employer may refuse to hire, or may discharge an individual who is not currently able to perform a job without posing a significant risk of substantial harm to the health or safety of the individual or others, if the risk cannot be eliminated or reduced by reasonable accommodation.

    An employer may refuse to hire or may fire a person who knowingly provides a false answer to a lawful post-offer inquiry about his/her condition or worker's compensation history.

    An employer also may submit medical information and records concerning employees and applicants (obtained after a conditional job offer) to state workers' compensation offices and "second injury" funds without violating ADA confidentiality requirements.

    Audience:

    Tag:

    • Further Questions?

    If you have further questions, please contact your regional center.