Is an employer liable if an employee injures themselves due to a disability, but has refused accommodation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is an employer liable if an employee injures themselves due to a disability, but has refused accommodation?
One of my employees has a condition that affects their equilibrium. We have offered them accommodations to help them with this condition but they have refused. If they now are inured at work because of this, are we still liable?
Should we have the employee sign a something stated that they have refused accommodation?
Asked on June 25, 2018 under Employment Labor Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It would be advisable to have them sign something showing they refused accommodation to prevent them from later claiming that they were refused a necessary accommodation.
If an employee is injured at work, they may be eligible for worker's compensation regardless of cause of the accident or fault, but would only potentially have grounds to sue if the employer were at fault; that is why it is a good idea to document that the employer made his/her own choice regarding accommodations and that the employer did nothing wrong.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.