Understanding MOA vs NPA.
When a worker has been injured on the job and cannot return to work, the employer and their insurance company may offer workers’ compensation through a Memorandum of Agreement (MOA) or a Non-Prejudicial Agreement (NPA), but these two types of workers’ comp are very different. With an MOA, the employer and their insurance company accept full responsibility for the injury and legally commit to provide the worker with continued salary and medical treatment. An NPA, however, allows an employer to pay workers’ compensation without accepting responsibility for the injury for up to thirteen weeks. Because they have not accepted responsibility, the employer can cancel these benefits at any time and deny the worker their right to return to work until forced to by the courts.
Obtaining reasonable accommodations.
Some on-the-job accidents may be so severe, the injured worker may no longer be able to fulfill all of the duties of their previous job. Employers or their insurance companies sometimes use the limited mobility/strength of an injured employee as a reason to deny them access to their former position, but the American with Disabilities Act (ADA) requires employers to make all “reasonable accommodations” which would allow an employee to complete their assigned duties. Accommodations may include changing the work environment, providing adaptive equipment, sharing or assigning responsibilities, and even allowing for additional time off from work, but it may take legal pressure on an employer to secure these accommodations.
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