A hindrance or a help? Obtaining details of pre-existing injuries from prospective employees

Authors: Peter de Silva, Senior Associate & Liam Fraser, Lawyer
The recent amendments to the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (WCRA) allow an employer during the hiring process to:
  • Request that a prospective worker disclose pre-existing injuries or medical conditions.
  • Ask the Regulator for a copy of a prospective worker’s claims history summary, with the prospective worker’s consent.
While the amendments appear to benefit employers and workers’ compensation insurers at first glance, employers should proceed with caution in making changes to the way they approach the hiring process.

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Reproduced with the permission of DibbsBarker

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