To Disclose a Claim or Not to Disclose a Claim

When considering employment, if a prospective employer does NOT ask you if you have previously had any workers’ compensation claims or have previously suffered any injuries which could affect your ability to work, you do not have a strict obligation to disclose any injuries to them. However, with today’s legislation, in the modern workplace, both employers and employees have an equal obligation to ensure the health and safety of ALL workers whilst at work. So as a matter of workplace health and safety, if you have an injury or condition which might affect your ability to do the job safely (whether you have lodged a workers’ compensation claim in relation to it or not), some may argue that you SHOULD disclose that injury or condition to the prospective employer even if they do NOT specifically ask you about it. If the prospective employer refers you for a pre-employment medical, the doctor SHOULD ask you about any existing or previous injuries which could affect your work, and you SHOULD disclose those injuries (although not necessarily whether you claimed workers’ compensation or not). The overriding issue should be the safety of yourself and other workers at your workplace.  If you have an injury which may affect that, then you SHOULD disclose that injury to your prospective employer. The prospective employer should NOT be asking whether you [...]