Can a company include verification of previous worker’s compensation (W/C) claims when conducting background checks on potential applicants? My previous company ran a W/C background check on all potential employees, thru the state of Illinois, and it saved us many times in hiring someone with a history of workplace injuries….is this something that can be done in Florida?

Unless I'm completely off base here, you cannot legally use Work Comp history as a pretense for not hiring a candidate. cbg, Elle?

To the best of my knowledge, in all 50 states you are prohibited, as a matter of public policy, from refusing to hire someone because of their past history of workers comp claims.

I would think that is flat out illegal, and a violation of rights. It never ceases to amaze me some of the things employers will do!!!! Don't these people have an HR dept? :confused:

Please indicate what employment law is violated. HIPPA does not apply with worker's compensation. Unfortunately there are candidates who live off of worker's compenstion.

They may live off of WC, but that is a seperate issue completely from hiring practices. There are certain questions that you are not allowed to ask by law, and that is one of them. That is considered discrimination, just as if I were to ask a candidate if they have children, if they are divorced, if they have any medical conditions, etc. You can't not hire someone due to the fact that they may have had a legitimate WC claim in the past. Discrimination open and shut. I can't comprehend any competent HR manager being a part of that practice. Go to the following link and read up on Title VII of the Civil Rights act. This is a starting point. http://www.eeoc.gov/policy/vii.html
Go to the unlawful employment practices section. If you use unusual hiring practices and cannot prove that your hiring practices are a viable business necessity, then it is considered discrimination.

You are correct that HIPAA does not apply to workers comp. However, HIPAA is not the only law in town.

Filing a workers comp claim is a protected right in all 50 states. To take adverse action against someone (i.e., refusing to hire them) because they exercised a protected right is a violation of public policy. A violation of public policy with regards to hiring practices is illegal.

Employers are prohibited from discharging or threatening any employee for asserting a valid claim for workers' compensation benefits. However, an employer is not required to hold an injured employee's position until the employee can return to work. It is illegal for an employer to refuse to hire an individual because he or she has a disabling condition from a prior injury. However, if an employee suffers an injury that is made greater because of a pre-existing condition at the time of hiring, the employer's liability is limited. The purpose of this law is to encourage employers to hire people who may have disabilities resulting from a previous injury.

This is straight off of the Florida Labor Law website. By not hiring people with past WC claims, you are boardering on the disability line.

Did you maybe mean "discrimination", instead of "disability, shopgirl?

lol. Yes. been a long week already!! Thanks for the correction!!!

Excellent points I appreciate your feedback and advise!

[QUOTE=Shopgirl75]There are certain questions that you are not allowed to ask by law, and that is one of them. That is considered discrimination, just as if I were to ask a candidate if they have children, if they are divorced, [url]QUOTE]

Actually you can ask legally. In a few states marital status or having children is a protected characteristic, so in those places you can still ask, you just can't use the information to discriminate against someone. The problem id that if you know it, it is hard to prove it wasn't a deciding factor in many cases.

In states where it isn't protected, there simply is no need to ask as it is almost assurdely not relevant.

workers comp claims are public record, and it is a common pratice for an employer to run your name even with out you knowing it, it has happened to me; I've been told by many prospects that yes it can effect if you get hired or not, but they will denie it if you file a complaint and it their word against your. it is against the law to do this but when you try to get help your told its one of them laws that have no teeth. :mad: :(

While they are public record, as are criminal records, they are not as easy to access in most cases as criminal records. As a HR professional who has dealt extensively with both recruiting and WC, I would have to disagree that even a fraction of employers illegal utilize these records or even access them. Just because it is hard to prove that an employer did use them, it is equally hard to prove that they did not. Aside from the fact that the vast majority aren't going to go around blantantly violating the law in the hopes of not getting caught, knowing you filed a claim honestly doesn't really tell the employer all that much. It certainly isn't a deal breaker.

A labor attorney and I co-wrote an article on how to do WC checks in accordance with the ADA and other laws a few years ago. It was published in the 10/96 edition of Risk Management Magazine. As far as I know, nothing substantial has changed on the subject sense then. In short, you have to wait until after you have made a conditional job offer before you can ask the question. The key is to have them sign a release that allows you to obtain the information and that states that if that misrepresentation is grounds for termination. You cannot refuse to hire someone because they had a WC claim. You can terminate them for falsifying their record. Just telling them that you are going to check their record is the least expensive loss control program you can put in place. Those who are out to defraud the system often just walk away.

If you would like to e-mail me personally, I would be glad to send you a copy of the article.

Brent, please look at the date of the thread that you just posted on...