Q. How does an employer check to see if a potential employee has filed Workers’ Compensation claims in the past?
A. According to the Texas Department of Insurance – Division of Workers’ Compensation website, the following applies:
If you have workers’ compensation insurance coverage, you can file a Prospective Employment Authorization and Certification (DWC Form-156) with TDI-DWC to obtain general information about previous work-related injuries. Information will only be provided if the applicant has had two or more general injuries in the preceding five years. To obtain this information, you must have written permission from the applicant prior to the request and if the employee is covered by the Americans With Disabilities Act, the employer must have made a conditional offer of employment.