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Workers’ Compensation Background Check

A Workers’ Compensation (WC) Background Check may provide details about an employee’s previous workers compensation claims for job-related injuries (i.e. injury type, affected body part, date of incident, time lost, and possible job-related disability).

WC records use is clearly defined by and limited under the Americans with Disabilities Act (ADA) which prohibits state WC boards from releasing claims information as part of a pre-employment screening background check. Employers can only review workers’ compensation information AFTER a conditional job offer has been presented.

Additionally, an employer cannot request workers’ compensation records in order to have a policy of not hiring anyone who has made a claim, because it is discriminatory to penalize a person who has exercised a lawful right in a lawful manner having filed a valid claim.

Title I of the Americans with Disabilities Act of 1990 specifically prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

Access to states workers’ compensation records varies widely, and some states have stricter rules than the Federal ADA. Check with your state board and consult a labor lawyer before proceeding.

Workers’ Compensation Background Check Features
  • Reports include information collected at the state level regarding reports of injury and court-contested claims.
  • Reports will typically include employer’s name, date of each incident, time lost from work, type of injury, body part affected by the accident and disposition, but will vary by state.
  • gathers this information directly from each state’s records.
  • Report turnarounds average 1-2 days on most requests; some requests take longer due to state-mandated procedures.
Workers’ Compensation Background Check Resources

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