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- List
of States
Workers' compensation benefits
are paid to those who have suffered injury during the performance of their
jobs.
Workers' compensation records are
an important tool in background investigations because they've a reliable
and hard to fake source of information on a subject. Sometimes a subject in
hiding cannot be found via a DMV check or other means yet continues to collect
Workers' Comp benefits and can be located through the state Workers Compensation
Bureau.
Researching at state workers' compensation
boards is, in general, restricted to determining if your subject has filed
a claim, though some states -- such as Colorado, Florida, Illinois, and Ohio
-- consider Workers' Compensation files public records. Other states will
not release information at all. Note that state policies are continually being
changed in this area.
- Contact your subject's State
Workers' Compensation Board to learn their current policy regarding public
access to records. If records can be obtained, you'll need at least the subject's
name, DOB, possibly SSN, and in some states, a written
release from the subject. The records will contain the date of the incident,
time lost, employer, type of injury, body part injured, and job related disability.
It's no longer permissible to use
information from workers' compensation boards in pre-employment screening
(i.e., since the passage of the Americans with Disabilities Act in the early
1990s). However, in most states, it is legal for companies with 15 or more
employees to review workers' compensation records after a conditional job
offer has been made. (At this time, medical histories can, in most states,
also be reviewed.)
More information on...
HOW TO ACCESS WORKERS' COMPENSATION
RECORDS
- There is no such thing as a
nationwide workers' compensation check. Records are maintained on a state-by-state
basis.
- Under the Federal Employers'
Liability Act (45 USCA Section 51 1908), employers are liable for on-the-job
injuries; therefore most employers obtain private workers' compensation
insurance on their workers who are exposed to possible injury.
- Most common reasons for performing
workers' comp checks: (1) to prevent fraud, (2) to avoid reinjury, (3) to
verify applicant's statements, (4) to qualify for second injury fund coverage,
which is available in some states to insure previously injured workers.
- Employing an injury-prone worker,
or one with a history of workers' comp fraud, can significantly increase
a company's insurance rates.
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