Legal Question in Workers Comp in California
Worker's comp
Can I include a release form in our employment application for a candidate to release information about his/her worker's comp injuries?
2 Answers from Attorneys
Re: Worker's comp
I agree with Mr. Shers. Requesting such information is setting yourself up for a discrimination law suit. Besides, obtaining and reviewing records is expensive.
Re: Worker's comp
My educated guess would be no. You ae only entitled to know the employee's physical condition to the extent it would interfere with their job duties. If you found out that someone being hired for a desk job can not lift more than #50 and you did not hire that person, do you not think everyone would assume you did so on the basis of his irrelvant injuries, which is illegal discrimination because of a disability? Why not do a more thorough job interview which includes, for those you really ae interested in, a call to former employers to find out how they did on the job, whether or not they had an injury.
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