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Employers may request Workers’ Compensation reports to determine if an applicant can perform the essential functions of a job with reasonable accommodations. Record contents vary from state to state, but will typically include date of injury, time lost, employer name, type of injury, body part and job related disability.
Please note that Worker’s Compensation information is considered to be health and disability related under the American’s with Disabilities Act (ADA). To be in compliance, this product is available only after tentative or permanent job offer has been made to the applicant. Once a job offer has been made, an employer may inquire about health or disability information 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. Previous Workers’ Compensation filings are NOT grounds to refuse employment to an applicant, but are used to determine the ability to perform essential job function.
Workers’ Compensation claims records are available in all states except: Alaska, Alabama, Delaware, Georgia, Hawaii, Indiana, Maine, Montana, New Jersey, New York, North Carolina, Oregon, Rhode Island, Washington, West Virginia and Wisconsin.
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