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Interplay Among Workers' Compensation, the Americans with Disabilities Act, and the Family and Medical Leave Act

By Kevin Liebkemann & Ray Cebula

Low-income workers injured on the job may lose income, health care, and even their jobs if they or their advocate do not understand the relevance and interplay of laws often unfamiliar to legal aid attorneys: workers’ compensation insurance laws, the Americans with Disabilities Act, and the Family and Medical Leave Act. These laws may help injured workers preserve their jobs while they recover and allow them to return to their preinjury jobs or, with reasonable accommodations, go to other jobs. Safety net programs such as Social Security Disability Insurance, Medicare, and Medicaid may provide income and health care to the injured worker whose claims under those laws are denied or delayed.

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