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  1. #1
    Join Date
    Sep 2011

    Default Are Potential Employers Allowed to Ask if You've Had a Workers Comp Claim in the Past

    Since losing my job as an RN in 2008 I've applied for numerous jobs with no results. I had a needle stick injury that resulted in an infection that I was treated for 2 years. While the infection will be with me forever I have no current problems. I think the fact that workers comp has and is still handling my med. care may be the reason I've been unable to find employment. Can an employer ask about W/C claims on applications or during interviews?

  2. #2
    Join Date
    Aug 2011

    Default Re: Are Potential Employers Allowed to Ask if You've Had a Workers Comp Claim in the

    ABSOLUTELY NOT ! The Americans with Disabilities Act of 1990 and the Americans with Disabilities Act Amendment Act of 2008 strictly prohibits discrimination based on

    a disability you have now
    any disability that someone thinks you have now
    any disability you have had in the past
    any disability someone thinks you had in the past
    any disability that someone knows you will get in the future, or that someone thinks you might get in the future

    Furthermore, when recruiting employees, employers may not ask any questions about an applicant's real or perceived disability. This includes questions regarding genetic history, workers' compensation history, or prescription drug history. A job offer may be conditional on the results of a medical exam, but only if the exam is required for all applicants to similar jobs. Medical inquiries and exams may only be required after employment if the content is job-related.

    Obviously, there are exceptions in the medical field. If there is a contagious infectious disorder, the employer can address this, but ONLY after an offer of employment and medical testing reveals such condition and it is determined to be detrimental to the clientele that the worker will serve. As long as this is not the case (contagious or infectious) and the applicant can perform "the essential functions of the job with or without a reasonable accommodation" there should be no issue.

    You should AVOID any questions or discussion regarding your prior medical history, whether it involves workers comp or private insurance and / or medical care.

  3. #3
    Join Date
    Jan 2010

    Default Re: Are Potential Employers Allowed to Ask if You've Had a Workers Comp Claim in the

    yes, especially the question that is on every job application..."Is there anything that can prevent you from doing this job?" Just don't answer it or put N/A. If you put no, then they can make life difficult if you try to ask for accomodation for a disability

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