screening applicants

When interviewing: Can you have on your application or medical history form, a question as to whether or nor the applicant has ever filed or received Workers Compensation in the past and have them sign this?

Comments

  • 14 Comments sorted by Votes Date Added
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-31-05 AT 09:51AM (CST)[/font][br][br]Congrats--you made 10000 xclap xclap

    This is weird..when I looked at your post initially it said 10000. After I posted this message, it showed you had 10001 posts. Please explain.
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-31-05 AT 12:35PM (CST)[/font][br][br]Whatever are you talking about? Pun intended. x:D
  • Alright, something fishy is going on here. A minute ago, this thread had a post by Don D with 10,001 posts! Now, Livindonsouth posts at the bottom and Don D's post is gone?!?!?!?!? I think there's some sort of conspiracy behind these hijinks! I think I saw a puff of smoke coming from the grassy knoll (hmmmm never thought of that of that, a puff of smoke from the "grassy" knoll, get it?)........

    Gene
  • If Don's post (either 10000 or 10001) is not here then why am I congratulating him? Furthermore, are his total posts now 9999 or 10000? Then again, where is that post (even I didn't find it offensive)(matter of fact I agreed with Don's opinion)? Final question, am I in the Twilight Zone or Wonderland?

  • Hey Whatever, if you go to any one of Don's past posts they show 10001.
  • What did you guys drink yesterday? Still that hung over? Don D's posts still show 9999.99 posts.
  • I am not hungover. My confusion is caused either by the fact I took a bite from the right side of the mushroom, I smoked something that has medicinal purposes on the other coast or I am dealing with a conservative from the new South while thinking I was dealing with a conservative from the old South.
  • As you suggested Raymond, she's hungover.
  • Did you mean "the right side of the mushroom" literally, or did you mean "the correct side of the mushroom"?

    I must know these things.
  • No. You can't inquire about those things in the interview, or on your applcation form.This runs afoul of the ADA and probably anti-discrimination/retaliation laws as well. Only after an offer of employment has been extended can you then request medically related information. Post -offer medical questionnaire may inquire about past medical conditions, ailments or physical/mental disabilities, if couched in terms of asking whether the person can perform the "essential functions of the job, with or without reasonable accomodation". Instead of asking "have you ever filed a workers comp claim?", ask whether the person has ever been place on modified or light duty due to a physical condition that limited the type of work he/she could perform. if "yes", have them explain. Stay away from inquiring directly regarding workers comp, but instead seek to determine if the person is physically/mentally capable of performing the job.
  • Thank you vphr, My supervisor brought me an "Injury Prevention & Cost Control Alert" phamplet that stated i.e. " Ask applicants to sign a form stating if they've ever applied for comp." She asked that we find out if this was legal or not,that is the reason for the question. I didn't think with all the HIPPA laws we could do this.
  • SNUKELS: Welcome to the FORUM! I would ask: are there any physical or mental reasons why youwould not be able to perform the essential duties of the position to which you have applied?

    Following enrollment, we do a W/C on-line check of this person's past W/C claims. For the most part a great majority have not had any W/C claims processed for previous employees.

    When we do find one, we look at the claims and body part injury to determine any additional training that might be needed for this particular employee, while accomplishing the physical task of the job. We have found none requiring additional safety training.

    Good luck with your use of the forum.

    PORK
  • [font size="1" color="#FF0000"]LAST EDITED ON 06-01-05 AT 03:00AM (CST)[/font][br][br]It has more to do with the ADA than with HIPAA. Under the ADA, we cannot ask a question that might tend to elicit information related to a handicap and this could well lead down that path. Additionally, some state comp laws prohibit comp retaliation and discrimination, although mine does not. Yours may. Whoever put out that pamphlet has a loose screw from a professional perspective.

    This prohibition extends to those we might contract with as our agents, i.e., we cannot pay a third party to conduct a background check to determine information which we, as employers, are prohibited from collecting ourselves.

    There are always ways to get information like this without having it appear that you have crossed the line.

    To your medical questionnaire question; for at least the past 20 years, an employer has been prohibited from having such as a part of their application or pre-offer process. An in the event your company does require a questionnaire, it must be post-offer and be part of the physical examination process. You may receive that form from the clinic, but I strongly advise that you tell your clinic you do not want that form sent to you.

    (edit) I'd like to know how pOrK has the 'online' capability to verify my prior comp claims 'by body part'. That's interesting. Maybe it's part of his Save project.
  • As the others have mentioned, during interview process, all you should be concerned with has to do with the applicants ability (physical, mental, etc) to perform the job that you are interviewing them for. In Georgia, after a person is hired, we are able to obtain information on any prior injuries....(there used to be a short questionnaire that we could provide them during the new employee enrollment period.) This was needed because if we hired someone, they had previously been treated for something and get hurt again (and you know about the earlier problem), you can file for reimbursement under the Second Injury Trust Fund, as long as you knew about the problem before the 2nd injury occurred. This has been great to encourage employers to hire previous injuried employees. However, it is my understanding that this Fund is on its way out. (I am really sad about this.. Worked beautifully in my opinion.) So, now what difference does it make? You are stuck with injuries whether they had been treated before or not.
    E Wart
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