A 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 state’s Workers’ Compensation Appeals Board (WCAB), it will then be considered a public record. When using these searches, your organization must comply with the Americans with Disabilities Act (ADA), and adhere to the state specific privacy laws.
A workers compensation search is conducted post-employment when 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 Americans with Disability Act is that 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 tend to omit that organization from the resume or application’s employment history. 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