Employers want to create a safe workplace for their employees. That means they need to follow federal and state laws and regulations related to safety. Companies also want to hire workers who have a history of performing jobs safely. An employee who has been involved in a series of accidents on the job may pose a risk to himself or herself and others.
Why Should Employers Consider Past Worker’s Compensation Claims?
An employee who is injured on the job may file a worker’s compensation claim. Workers have a right to compensation for a legitimate injury and may need to take time off to recover after an accident. However, a worker’s compensation claim and missed time cost money for the company. An employer therefore wants to avoid hiring someone who has a history of several accidents on the job to avoid future accidents and claims. A company might also be concerned that a job applicant who has filed numerous claims in the past might have submitted fraudulent claims.
Laws Related to Worker’s Compensation
The federal Americans with Disabilities Act and state laws protect the rights of employees who have filed legitimate worker’s compensation claims. It is illegal to discriminate against an employee solely for exercising his or her right to file a valid claim for a real injury. The ADA also prohibits discrimination against a worker with a disability who is able to perform a job with a reasonable accommodation.
Talk to a Lawyer about Worker’s Compensation Claims
An employer should consult a lawyer before obtaining worker’s compensation records and using that information in hiring decisions. An attorney can help the company make sure it is complying with the Americans with Disabilities Act and state laws related to discrimination. The ADA only allows a company to ask about a job applicant’s medical condition or history of filing worker’s compensation claims after a conditional job offer has been made.
Contact DataCheck for Help with Background Checks
DataCheck can help your business conduct pre-employment background checks so you can hire the most qualified employees. We can conduct a check of worker’s compensation records in accordance with state law. While it is illegal to discriminate against someone who has filed a valid claim, a history of repeated worker’s compensation claims may indicate that an employee is unable to do a job with a reasonable accommodation. Contact DataCheck to learn more about background checks and worker’s compensation claims.