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  • need TX info

    Does anyone know how to find out if an employee has filed workers comp claims before?

  • #2
    I could be mistaken; Beth is the workers comp expert, not me. But I don't think that info is public information. I don't think you can get it.

    Is this about the situation in your other thread? I'm still trying to come up with an answer for you - I fully understand why you're suspicious. FMLA would have been a good way of getting a second opinion.

    Maybe Beth will have some ideas when she gets back tomorrow.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Investigation of Past Workers Compensation Claims

      You can get at that information through background investigation companies. I don't know how they get at that information. Perhaps you can call a firm ask them. (A smaller firm is more likely to answer your question.)

      It is important to note that it is illegal to discriminate against a person who has filed a workers compensation claim in many states. Therefore, you can not make their past history the reason for not offering them a position (though you can refuse to hire them on other legitimate reasons).

      Further, because of restrictions with the Americans With Disabilities Act, you cannot get at that information without first making a conditional job offer, based upon thir ability to perform the job, with or without reasonable accommodation. You cannot refuse just on the basis that they have made claims in the past or that they have an on-going medical condition.
      Lillian Connell

      Forum Moderator
      www.laborlawtalk.com

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      • #4
        Prev w/c claim

        Originally posted by Sherry Wood
        Does anyone know how to find out if an employee has filed workers comp claims before?
        There is a form to complete and return to the TWCC for a records check. You have to have a legal basis to receive confidential claimant information. Here is the link to the TWCC forms and it is form TWCC-155: http://www.twcc.state.tx.us/forms/gentoc.html.

        If you have an insurance company or third-party administrator handling your claims, they will usually run an index check on the injured employee to see if the employee has been involved in any work-related or personal accidents.

        I saw another post of yours concerning an employee injured in a motor vehicle accident & that the employee had retained an attorney and is filing suit against the other driver. Make sure your company reserves their right to subrogation so that any monies paid by your company for the employees injury can be recouped if he receives a settlement from the other driver and/or his insurance company.

        Good luck.

        Comment


        • #5
          Thanks Eagles, These two threads are the same case. This guy has filed more paperwork in two days than I have in 10 months. I appreciate the help

          Comment


          • #6
            Originally posted by Sherry Wood
            Does anyone know how to find out if an employee has filed workers comp claims before?
            easy is that person missing any parts of his body?

            Comment

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