Workers’ Compensation search will reveal if an applicant has filed a claim for workers’ compensation in the state where the search is conducted. Once a claim has been filed with the states Workers’ Compensation Appeals Board (WCAB) it will then be considered a public record. When using these searches, you must comply with the ADA (Americans with Disabilities Act) and, adhere to the state specific privacy laws.
A workers’ compensation search is conducted post employment (an offer of employment has already been extended to the subject of the report), the employer may only use the information from this search if the limitation or restriction of the employee will interfere with the required job duties. Information included in a workers compensation claim will be the date of injury, time lost, employer during the time of incident, type of injury, body part and job related disability.
This search is recommended for employers that require any type of manual labor (i.e. light industrial, manufacturing, moving companies, construction, and assembly line workers) in discovering if an applicant can perform the essential duties of the job. Another provision of the American with Disability Act is an employer must not ask questions or inquire about an applicant’s medical history without a conditional offer of employment. Applicants who have filed a claim with a previous employer will tend to omit that organization from their resume or application, falsification on a job application is grounds for revoking a conditional job offer or terminating a recent hire.
A workers’ compensation search is NOT available in the following states:
- New York
- North Carolina
- Rhode Island
- West Virginia