Employers may request Workers’ Compensation reports to determine if an applicant can perform the essential functions of a job with reasonable accommodations. Record contents vary from state to state, but will typically include date of injury, time lost, employer name, type of injury, body part and job related disability.
Please note that Worker’s Compensation information is considered to be health and disability related under the American’s with Disabilities Act (ADA). To be in compliance, this product is available only after tentative or permanent job offer has been made to the applicant. Once a job offer has been made, an employer may inquire about health or disability information if such inquiry is related to the specific job and performance requirements. This information should be asked for on a separate health and disability questionnaire. Previous Workers’ Compensation filings are NOT grounds to refuse employment to an applicant, but are used to determine the ability to perform essential job function.
Workers’ Compensation claims records are available in all states except: Alaska, Alabama, Delaware, Georgia, Hawaii, Indiana, Maine, Montana, New Jersey, New York, North Carolina, Oregon, Rhode Island, Washington, West Virginia and Wisconsin and, according to our CRA, may take many weeks to complete
All background check information is provided by an FCRA-certified licensed private investigator. The FCRA-certified licensed private investigator, in its entirety, is responsible for ordering technology, report data, federal/state compliance, accuracy, delivery of reports, thoroughness and presenting the information in an understandable format. Thomas Hamilton & Associates and its dba/subsidiaries (THA), is not nor has ever been a consumer reporting agency (CRA) as defined by 15 U.S.C.1681a(f), is not responsible for report compliance, does not compile, produce, prepare, update, or have any input regarding the contents of any background or drug screen reports. THA is not responsible for the CRA's sources or accuracy and is not able to edit or alter any part of a finished background report. All adverse action taken on behalf of employers is performed entirely by the CRA, and the CRA its entirety is responsible for all letters, content and the adverse action process. THA is not a reseller as defined by 15 U.S.C.1681a(u) and does not take possession of reports or resell reports to multiple employers.