How Can I Avoid Hiring Someone with a History of Filing Workers’ Comp Claims?

A Kantola Learning Minute

An HR Manager asks, "How can I avoid hiring someone who has a history of filing workers’ comp claims?" Doubtless, the manager learned this during the hiring process, but it doesn’t mean that she can use the information. Find out more in this week's Kantola Learning Minute with Lester S. Rosen, J.D., founder of Employment Screening Resources®.

Hi, Les Rosen here with a Kantola Learning Minute. Here's an interesting question: "How can I avoid hiring someone who has a history of filing workers' comp claims?"

Well, the short answer is you can't discriminate against someone who lawfully exercises a lawful right. If you have a right to file a workers' comp claim and it's a legitimate claim, you can't avoid hiring the person just for that reason. The person has a right to file those claims.

Now, if you can show that they have abused those claims, or have a history of fraudulent claims, well, that might be something else. But keep in mind that this area is heavily legally regulated--there's the American Disability Act, and there is state law that basically says that you have a right to file these claims, and employers should be very careful before using those type of claims to prevent someone from being hired.

Thank you.
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