A thorough background check consists of many pieces working together to compile as complete a picture off an individual as possible before they are hired and entrusted with responsibilities. Some of these pieces include credit reports, criminal record searches, social security searches, landlord references, and worker’s compensation claims. The more comprehensive the background research is, the more confident you as an employer will feel about your decision to hire. Different records are recommended based on your company needs but a worker’s compensation report is useful for many reasons. However, there are different rules and requirements for worker’s compensation reports than some other documents.
According to a 2012 Federal Court case (Bachman vs. Donahoe, 5th Cir. 2012) workers compensation records do not fall under definition of a consumer report in the Fair Credit Reporting Act. Consumer reports are limited to the following 7 categories:
- Credit worthiness
- Credit standing
- Credit capacity
- Character
- General reputation
- Personal characteristics
- Mode of living
Since a worker’s compensation claim does not fall under any of these categories, Federal Court ruling determined that an employer does not need written consent to request worker’s compensation records from an agency.
However, worker’s compensation records are effected by the American’s with Disabilities Act and should not be ordered along with other background check materials, but at a later time. The law requires that inquiries into medical histories should not be made until the final stages of the hiring process.
Why should you request a Worker’s Compensation Report?
Worker’s Compensation Reports cannot be used as a discrimination tool in the hiring process. They are provided to show proof of previous injury and the current known medical status of an applicant. Worker’s Compensation Reports are not available in all states and are not vital to the hiring process.
Some employers will request a Worker’s Compensation Report as a “truth test”. Comparing the information on this report to the applicant’s information is a common practice in verifying the legitimacy of the application.
What is included in a Worker’s Compensation Report?
This report contains a range of the following points:
- Injury date and time
- Nature of injury
- Body part(s) involved
- Medical Status
- Adjudication Dates (if applicable)
- Type of Settlements (if applicable)
Not all information is available on every report. The law requires that none of this information may be used in a discriminatory sense against an applicant. It is provided strictly for informational purposes.
VICTIG offers a thorough report in worker’s compensation records, provided these records are available in the state for which you are searching. Visit victig.com for more information on how to get started with background checks and worker’s compensation report requests.
