Re: Does My Wc/Disability Claim Appear at Background Check
Take no action, like dropping the claim, proceed as if you know nothing.
The only relevance would be if you have a disability that would prevent you from performing the job you're applying for, otherwise don't mention it.
The only time you should be confronted with a past comp claim is if you get injured and file a new claim.
A past comp claim may show up in a background check but they would have to be dam careful of what they do with the information.
They could be setting themselves up for a retaliation claim is they rescind an offer due to a past workers' compensation claim.
Here's the best explanation I've found.
Workers Compensation Claim History may only be used if an injury might interfere with one's ability to perform required duties. The amount of information in the Workers Compensation Claim History varies from state to state as well as the laws impacting the use workers compensation claim history. Reports typically have: date of injury, time lost, employer during the time of incident, type of injury, body part and job related disability. Many state laws declare the employer may not rescind an offer due to a workers' compensation claim. Workers Compensation Claim History is considered to be health and disability related under the Americans with Disabilities Act (ADA). (42 USC §12101). In order to be in compliance with this federal act, an employer must NOT ask any questions about an applicant for employment that is connected with health and disability unless, and until, the employer has made a tentative job offer to the employee applicant or has made an actual job offer which is NOT tentative.
Here's an interesting discussion on this topic in an employers forum.
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.