Employers have become very aware of the high costs of compensation claims. The loss to American business from both fraudulent claims and re-injury causes many employers to want to know whether a job applicant has a history of filing workers' compensation claims.

At the same time, the Federal Americans with Disabilities Act (ADA), as well as numerous state laws, seek to protect job seekers from discrimination in hiring as a result of filing valid claims. The ADA also seeks to prevent the discrimination against workers who, although suffering from a disability, are nevertheless able to perform essential job functions as long as there are reasonable accommodations.

The bottom line is that an employer cannot request workers' compensation records in order to have a policy of not hiring anyone who has made a claim. It is discriminatory to penalize a person who has exercised a lawful right in a lawful way and filed a valid claim.

Employers are well-advised to contact a labor lawyer before seeking to obtain workers' compensation records. A labor law expert can assist an employer in preparing company policies, job descriptions, and forms and procedures necessary to comply with the ADA, such as a conditional job offer and medical review form.
The following brief summary describes the major points involved in obtaining and using workers' compensation records.

1. There are wide variations between the states in the availability of these records. In a few states, the records are not available to the public, period. In other states, it can take two to three weeks to obtain a record. In some states, there are special requirements before obtaining the records, such as a notarized release. Because they are familiar with state regulations, background screening firms can assist employers in obtaining these records.

2. Under the ADA, an employer may not inquire about an applicant's medical condition or past workers' compensation claims until a conditional job offer has been extended. A conditional job offer means that a person had been made an offer of employment, subject to certain conditions such as a job-related medical review.

3. Any questioning in a job interview should be restricted to whether the person can perform the essential job functions with, or without, reasonable accommodation. That is another good reason to have well-written job descriptions so it is clear in an interview exactly what the job entails.

4. If a candidate discloses a disability, then there should not be any follow-up. Questioning should be limited to whether that applicant can perform the job.

5. If a history of filing workers' compensation claims is found, then the offer may only be rescinded under very limited circumstances, such as:

a. The applicant has lied about a workers' compensation history or medical condition, usually during a medical examination;

b. The applicant has a history of filing false claims;

c. The past claims demonstrate the applicant is a safety or health threat to himself or others in the opinion of a medical expert;

d. The past claims demonstrate the applicant is unable to perform the essential functions of the job even with a reasonable accommodation.

6. If the applicant has lied on a medical questionnaire, or to a doctor performing a pre-employment physical, then the employer may be justified in rescinding the job offer based upon dishonesty. If an applicant has a history of multiple claims that have been denied, then an employer may be justified in rescinding the offer based upon a history of dishonest conduct. The reason is based upon an inference of fraud, not disability. Some firms contend that a workers' compensation record may also be used to determine the truthfulness of information on a job application on the theory that an applicant may try to hide a past employer where a claim was filed. However, even with this justification, if used, the best practice may be to review the records post-hire only.



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Injuries that occur to a person while he or she is on the job often involve different steps than injuries that happen during a person's free time. If you are injured on the job, you may be required to visit medical professionals recommended by the insurance company and may have to take different steps to gain compensation for your claim.

If you are injured away from work, you have the right to visit the medical provider of your choice. Many people may have a doctor or physician that they have visited for a long time and may feel more comfortable consulting someone who they know and trust. In many cases, personal doctors and physicians may be familiar with the patient's medical history, allergies, and other important information that can help with treatment of injuries.

If a person is injured on the job, however, he or she may be required to visit a physician specified by the company's insurer. Insurance companies may also have medical providers that they trust, and they may wish to use their own doctors to help prevent false insurance claims. By using doctors that they trust, insurance companies claim to be able to protect against higher rates caused by exaggerated or falsified injury claims.

In the event that an injured worker does not like the doctor assigned to his or her case, the employee may be able to request another physician to examine them. In some cases, the employer may agree to the use of a person's preferred specialist, but many times they will simply assign another company-recommended doctor to check the injury.

Additionally, some states allow for people to switch to their own medical provider after being treated for three months. During this period, the insurance provider typically will continue to pay for the required treatment. If you are concerned about the specific laws in your state, consult an experienced worker's compensation attorney to help determine what type of medical attention you are eligible for. In the end, proper care is the main goal and a full recovery is preferred by all.



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If an employee is injured in an accident at work, he or she may be eligible for worker's compensation benefits. Most employers offer worker's compensation coverage for their employees to help them pay for medical procedures, rehabilitation, lost wages, and medication. Although many work-related injuries may qualify for assistance through worker's compensation programs, there are certain circumstances in which the worker's compensation claim may be denied.

If an employer chooses to deny a worker's compensation claim, the victim may appeal the decision or may decide to take their claim to court. Some cases may include eyewitness statements and proof that the person was injured due to faulty machinery, hazardous conditions, accidents caused by the requirements of the job, and other valid claims. The court may find that the person is not eligible for compensation if he or she behaved recklessly or did not follow office safety rules and regulations and was injured as a result.

Compensation claims may be legally denied if the employee attempts to collect on an injury that was self-inflicted. Although this action may seem outrageous, some individuals may attempt to cheat the system by faking or deliberately setting up an injury to collect against their employer. If an employee's injury is revealed to be self-inflicted, the employer may have a justifiable reason to deny the compensation claim.

If an employee is found to have been under the influence of alcohol and drugs, the employer may have valid reason to deny a claim against them. A vast majority of employers have rules against working while under the influence, and it is reasonable to expect employees to be of sound mind and body in the workplace. A worker who was intoxicated at work cannot reasonably claim that the accident was the fault of the employer if he or she was unable to prove proper cognitive ability and physical dexterity.

If the worker was injured on the job while breaking the law, he or she may face criminal charges in addition to denial of any claims for compensation. The employer may find reason to pursue additional charges against the person even after the denial has been lodged.



Article Source: http://EzineArticles.com/?expert=Joseph_Devine

There are a tremendous number of OSHA laws that govern workplace safety, and there are things that workers have a right to know. They have a right to know which chemicals are being used in the workplace that might be adverse to their health, and they have a right to know which tools they might be using that could injure them.

Still, sometimes it make sense to go beyond the OSHA laws for workplace safety and consider proper training to prevent workers compensation claims. As you are probably aware employers are charged more money each year depending on the number that claims they had in the previous year.

If you go for two or three years with no claims chances on your workers compensation insurance, you should have your premiums go down, or at least stay level while other people in the industry continue to get price increases.

When I say proper training prevents workmen's compensation claims, what I mean is that if you show training videos of how to do the operations of your business with safety in mind you will prevent injuries. Plus, in the event of a big lawsuit if you can demonstrate and document that you have proper training, and chances are an employee will not be able to sue your business or prevail in an intense lawsuit.

More than one small businessperson in your area has lost their business to a lawsuit due to an employee getting hurt on the job. Most of the employees hurt on the job, well, it's actually the employees fault but the courts and juries don't always see it this way. One bad accident can cost you your entire business, so get proper insurance and do the safety training to the best of your ability. Please consider all this.



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