Worker's Compensation Claim Reports
HireSafe offers Worker's Comp Claim Reports as part of
our background screening packages or as a single item.
The following states do not make Worker’s Compensation Reports available for employment purposes: Alabama, District of Columbia, Georgia, Indiana, Maine, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Texas, Washington, West Virginia, Vermont and Wisconsin. Those states that do allow viewing of their Worker's Comp filings vary in the completion time which is under the complete control of the issuing state.
Worker's Compensation Report Pricing
Each report is $25.00 when included with an individuals' current or previous HireSafe Background Screening report. For those clients requesting Worker's Comp Reports as a stand-alone only report, there is a $250.00 non-fundable retainer.
State surcharges, if any, are extra. Just click "Get Started" and tell us about your Worker's Comp Report needs today. Fill out a quick form and we'll get back to you right away.
Or if you prefer, you can email email@example.com.
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What is a Worker's Compensation Claims Report?
The Workers Compensation Report, which varies in scope by state, helps to identify individuals who would pose as a "direct threat" to the health and safety of themselves or others. A past injury may affect an individual's ability to safely perform the essential functions of their job. If the risk of a direct threat cannot be reduced to an acceptable level or eliminated by a reasonable accommodation an employer is not required to hire the applicant. The report will also assist to reveal professional claimants with a history of fraudulent Workers Compensation claims.
Workers Compensation claims history reports general contain abbreviated information taken from two types of state documents: Report of Injury and Court Contested Claims. Some states also have privately reported information available. The amount of information varies from state to state. Reports typically have: date of injury, time lost, employer during the time of incident, type of injury, body part and job related disability. Depending on the state reporting, information may vary, as do the completion times.
- Full Name
- Social Security Number
- Date of birth
- Signed release form (where required, provided by HireSafe)
When an employee's claim goes through the state system or the Workers' Compensation Appeals Board (WCAB), the case becomes public record. An employer may only use this information if an injury might interfere with one's ability to perform required duties. Under the federal Americans with Disabilities Act, employers cannot use medical information or the fact an applicant has filed a workers' compensation claim to discriminate or deny employment.against applicants. (42 USC §12101). Worker's Comp information can only be considered after a legitimate job offer has been made.
All the states vary in their approach to what is contained in their Worker's Compensation reports. In California the WCAB may not reveal medical information and the employer may not rescind an offer due to a workers' compensation claim history (CA Labor Code §132a). Employers sometimes discover that applicants have not revealed previous employment where they had filed claims that were denied. In such situations, employers often terminate the new hire because it appears they falsified the application.
Americans With Disabilities Act
The Americans with Disabilities Act (ADA) applies to all employers who have fifteen or more employees. Whether or not an injured worker is subject to protection under the ADA after the workers' compensation injury depends upon the type of injury sustained and whether or not he has a permanent disability. The definition of disability for workers' compensation and the ADA is construed differently by the laws and courts. Determining whether an individual who has a workers' compensation injury is also disabled under the provisions of the ADA can sometimes be a difficult and confusing situation. Since the ADA is relatively new and the courts are still interpreting this problem, it is wise to seek legal advice if in doubt.
Generally speaking, an employer cannot refuse to hire an injured worker with a disability if the worker can perform the essential functions of the job either with or without reasonable accommodations. However, this does not mean the employer has to keep the job open indefinitely. Company guidelines established before the accident are generally very helpful. Common Uses and Applications of Worker’s Comp Reports
- Determine if an applicant has falsified their medical history
- Discover if an applicant cannot perform essential job function with reasonable accommodations
- Reveal the safety history of your applicant to determine if they represent a danger to others
- Background investigations on current employees
- Background investigations of accident victim for previous injuries/claims
- Location of employers which were left off the job application due to Worker’s Compensation claims
Note: Worker’s Compensation information is considered to be health and disability related under the American’s with Disabilities Act (ADA). In order to be in compliance with this federal act, an employer must NOT ask any questions about an applicant for employment that is connected with health and disability unless, and until, the employer has made a tentative job offer to the employee applicant or has made an actual job offer which is NOT tentative.
Once a job offer has been made, an employer may pursue information about health or disability if such inquiry is related to the specific job and performance requirements. This information should be asked for on a separate health and disability questionnaire, completed by the applicant only AFTER the tentative or permanent job offer has been made.
Previous Worker’s Compensation filings are NOT grounds to refuse employment to an applicant, but the safety implications are apparent.
This section is provided as a reference tool only and does not constitute legal advice.