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Screening candidates for workers’ comp claims is illegal

As an employer, you can’t legally ask job candidates whether they’ve had past workers’ compensation claims. It’s prohibited by the Americans with Disabilities Act and state anti-discrimination laws.

What you can ask

You can ask on an interview or in an application whether the applicant can perform the essential functions of the job. You can also make a job offer contingent upon a pre-employment physical examination, but it must test only for essential job-related capabilities and must be required of all applicants in the same job category.

For more details see the blog post on the SFM website about screening job applicants for prior workers’ compensation claims or watch our Q&A video on the topic: