Just Finalised your Workers Compensation Claim? Do I have to disclose my previous workers compensation claim?

What are my obligations?

The choice to talk about your injury is yours.

There is no legal obligation for you to disclose information about your injury/disability unless it is likely to have an effect on:

• Your ability to meet the inherent requirements/core functions of the job

• Your ability to work safely (this could include medications that may affect your ability to perform tasks safely)

• The safety of your co-workers.

Questions about past workers’ compensation claims must be answered honestly.

A prospective employer may request this information to prevent re-aggravating existing injuries and medical conditions.

An Employer’s Legal Obligations

Understandably, fear of disclosure may lead to exclusion from a job. However, it is against the law to discriminate against a job applicant because of their disability.

Where pre-employment medical information is requested, it must be relevant to the inherent requirements of the particular position.

If you do mention your disability to someone at work, they cannot tell anyone else about it unless you give them permission to do so.

Employers must provide reasonable, work-related adjustments to enable people to perform the requirements of the job. An exception to this is when the adjustments would cause hardship to the employer, such as a disproportionate cost.

STRATEGIES FOR INJURY DISCLOSURE

1.     Focus on your abilities, not your disabilities.

2.     Market yourself positively and effectively outline your qualifications, skills, knowledge and ability to undertake the role.

3.     Be prepared to discuss any concerns the Employer may have, even if they’re not expressed directly. However, don’t present your injury as a weakness. If required, talk about the strategies you have put in place to overcome your injury.

4.     Build confidence in discussing your injury by role-playing and rehearsing with friends/family.

5.     Be clear about your desired outcome from disclosing your injury. Negotiations work best when you have a clear goal in mind.

6.     Be knowledgeable regarding what workplace accommodations you may need, if any, including the availability and costs.

Disclosing your injury helps ensure you are getting what you need in order to be successful and protects you against discrimination. Self-advocacy helps to promote awareness and education to prospective employers.