The short answer is no. It is not legal to ask specific questions about an applicants health history, unless it pertains directly to the applicants ability to perform a certain job. Having said this, as an employer who is trying to keep their Workers Compensation Costs as low as legally possible, is there anything that can be discussed in an interview regarding workers compensation? As a we have all learned when hiring an employee for short term or long term assignments, past workplace behavior is often an excellent predictor of future performance. The last thing any employer wants to do is hire a workers compensation malingerer.
There are a couple appropriate questions that an employer can ask that may give insights about the employees relationship to workers compensation as well as other issues in their past employment experiences. For instance, you can ask an applicant if they have had any breaks in their employment history, and if so, follow up with an inquiry about why that break took place. You can also ask an applicant an open ended question about what they think about workers compensation insurance. Again while you can not ask about the applicants individual history of workers compensation, by asking an open ended question, you may find out alot of useful information about the applicant.
I look forward to continuing to help everyone wth their workers compensation challenges. Please feel free to contact Work Comp Staffing Solutions for a Workers Compensation quote at 202-302-1212.
Have a great Summer
David Schek
www.StaffingCompSolutions.com