On our May 28, 2026, Employment Law Webinar, HSB’s Matt Blake discussed one of the more nuanced intersections in employment law: the relationship between state workers' compensation systems and the Americans with Disabilities Act (ADA). For those who were unable to attend, these are the key takeaways:
Two Laws, One Workforce
Workers' compensation and the ADA create different frameworks for physical ailments that may coincide in the workplace. Workers' compensation is addressed by state law; the ADA is federal. When the two conflict, the ADA governs, and state law cannot permit or require discriminatory conduct against a person who qualifies as disabled under the ADA. Critically, workers' compensation exclusivity provisions do not shield employers from ADA obligations.
A Workers' Compensation Claim Is Not an ADA Disability, Necessarily
The ADA has a three-pronged definition of disability: a physical or mental impairment that substantially limits a major life activity, a record of such impairment or being regarded as having one. Filing a workers' compensation claim alone does not create a record of such an impairment. Once a claim progresses to a long-term or permanent impact, claim filings may constitute such a record.
Permanent Disability Under Workers’ Compensation Does Not Replace the Interactive Process
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