Workers Compensation Claims History Reports

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.

Record Contents:

Workers Compensation claims history reports contain abbreviated information taken from two types of government 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.

Search Requirements:

• Full Name
• Social Security Number
• Date of birth
• Signed release form (where required, provided by HireSafe)

Restrictions:

In most states 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 filed a workers' compensation claim to discriminate against applicants. (42 USC §12101).

All the states vary in their approach to Worker's Compensation records. In California, employers may access workers' compensation records after making an offer of employment. To gain access, employers must register with the WCAB and confirm that the records are being accessed for legitimate purposes. Although the agency may not reveal medical information and the employer may not rescind an offer due to a workers' compensation claim (California Labor Code 132a), employers sometimes discover that applicants have not revealed previous employers where they had filed claims. In such situations, employers often terminate the new hire because it appears they falsified the application.

Availability:

All states except: Alabama, Georgia, Indiana, Maine, Michigan, Montana, Nevada, New York, North Carolina, Oregon, Rhode Island, Texas, Washington, West Virginia, and Wisconsin.

Cost of Report:
Based upon the state. See Matrix

• 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

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