Avoid Disability Discrimination When Using Workers’ Compensation Records

workers' compensation

Knowing how to properly use information from a candidate’s workers’ compensation record can help you to avoid breaking laws set by the Americans with Disabilities Act (ADA).

At AIR Pre-Hire, we offer a workers’ compensation search to determine if a hiring candidate has filed a workers’ compensation claim at a previous job. If we find a claim, we provide the date and type of injury, the result of the injury, the claim amount, the medical follow-up, and the employer the claim was filed against. After you have this information, it’s important that you don’t use it in a discriminatory way. Navigating the Americans with Disabilities Act (ADA) can be tricky for some employers, so we’ve provided some tips to help you use the information from your workers’ compensation records correctly.

How to Use Information from Workers’ Compensation Records

Knowing how and when to use information about a workers’ compensation claim can be tricky. Here are a few questions and answers that will guide you through the process.

Can I see if a candidate has filed for workers’ compensation before I offer the position?

No. In order to follow the ADA and not discriminate against employees who have filed workers’ compensation claims, you cannot have access to this information until after you have offered the position to the candidate.

What can I use information about a workers’ compensation claim for?

After you’ve extended an offer of employment to the candidate, if you’ve decided to conduct a workers’ compensation records search, you can offer special accommodations in the workplace if you think they will be necessary or helpful to complete the job.

Can I ask about injuries or disabilities during the interview?

No. You cannot ask about what will hinder a candidate from performing the job. However, you may ask questions about how a candidate plans to perform each function of the job.

Will the workers’ compensation records show what medications the candidate is taking?

While we do report on medical follow-up, specific information, like medicines, are kept confidential by medical professionals, whether the person in question is still working at the job where they were injured, whether they are looking at a new job, or whether the injury happened years ago. The ADA requires that sensitive medical information is kept confidential by both the medical professionals and the previous employer.


AIR Pre-Hire in Reisterstown, MD, conducts accurate and verified universal background screening, so you will have thorough background checks on your employees. Here at AIR Pre-Hire we don’t simply check the basic information, we dig deep to identify inconsistencies and make sure your potential employees (as well as existing employees) are acceptable for hire. This is the human element of our custom pre-screening service. You can count on us for timely, verified pre-screening and employee re-screening.

Learn more by visiting our website www.air-prehire.com or calling us at 1-800-469-4473. Check us out on Facebook, Twitter, Google+, and Pinterest as well.