EMPLOYMENT BACKGROUND CHECKS
State Workers’ Comp Claims History Reports
Depending on the state reporting, information may vary.
Workers Compensation claims history reports can 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.
Some reports have: date of injury, time lost, employer during the time of incident, type of injury, body part and job related disability.
Other states only show number of claims filed with no other information.
Workers Compensation information is considered to be health and disability related under the Americans 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.
You may NOT deny an applicant a job based on workers’ comp claims.
Be very careful with this information.
Employers should be aware of restrictions when using workers’ comp claims history reports.The first is that injury information contained in workers’ comp claims history reports, may only be used as a guide when placing an employee in certain positions.
For example, an employer may use the report in selecting a specific job assignment that may help avoid further injury.Also, an employer cannot discriminate by ordering claims history reports only on certain applicants.
All applicants applying for similar positions such as sales people, mechanics or service technicians must also have workers’ comp claims history reports ordered as part of the routine employment screening process.
Workers’ comp claims history reports are not available from:
Florida (Updated 04/2019 No longer available in a timely manner.
At least 30 days delay.