The overlapping and often conflicting requirements of ADA, FMLA, Workers’ Comp and a plethora of state laws are an administrative nightmare. There are differences in eligibility, leave lengths, job reinstatement requirements, access to medical information, fit-for-duty certifications and so on. More than one law can affect the same situation and each must be considered. For this reason, a “silo” structure in which separate areas manage Workers’ Compensation, disability and health can be problematic, inefficient and duplicitous. Yet,at the same time, this quagmire adds to the challenge of integrating occupational and non-occupational RTW. Ultimately, the entire organization is responsible for the knowledge possessed by any part of the organization and an employer needs to determine the best process for its needs and circumstances.
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Risk Profile Improvement