Most Injuries Begin at Date of Hire
Many employers are confused about what they can and cannot do during the hiring process to prevent problem claims from occurring. The Americans with Disabilities Act does not allow you to ask questions about disability or use medical examinations until after you make someone a conditional job offer. However, after making a job offer, you may ask any disability-related questions and conduct medical examinations as long as you do this for everybody in the same job category.
It is critical for employers to integrate into their hiring process two powerful hiring forms: the Conditional Offer of Employment and the Post-Offer, Pre-Placement Medical History Questionnaire.
Just as the name indicates, the Conditional Offer of Employment makes the job offer conditional upon the employee being able to perform the essential functions of the job and would not pose a direct threat (i.e., a significant risk of substantial harm) to the health or safety of themselves or others. The offer may be withdrawn, if in a medical opinion, the employee poses such a threat with reasonable accommodation.
Once the Conditional Offer is in place and before work begins, the employee should complete the Medical History Questionnaire. Some employers direct the employee to their local medical clinic to have the form completed with the assistance of a doctor, nurse or physician's assistant. Assuming the employee is truthful, the medical history information will go a long way to determine if the employee is fit for the job. Sometimes, an additional examination may be needed.
This process is in the best interest of all concerned. The employer, employee and the employee's family all lose if an employee is placed in a job for which they are not fit. Injury or re-injury of a pre-existing condition is likely to happen if the employee is not suited for the job.
To request a sample of these forms, contact us.