Can employers check your workers’ comp history Australia?

Private & confidential

In Australia, employers generally cannot access an individual's workers' compensation history without the individual's consent. Workers' compensation records are considered private and confidential. However, there are some exceptions to this rule:

With consent

An individual can provide consent for their workers' compensation history to be disclosed to an employer or prospective employer.

During the hiring process

In some cases, employers may ask applicants to disclose any previous workers' compensation claims or injuries during the hiring process. Applicants are typically not obligated to disclose this information unless the injury may impact their ability to perform the job duties.

Legal requirements

In certain situations, such as when an individual is applying for a job that involves high-risk activities or working with vulnerable populations, there may be legal requirements for disclosure of workers' compensation history.

Insurance purposes

Employers may request workers' compensation history when arranging insurance coverage for their employees. However, this is usually done through the relevant insurance company rather than directly accessing individual records.

Here are some additional points regarding workers' compensation history and its accessibility by employers in Australia:

Privacy laws

Australian privacy laws, such as the Privacy Act 1988 and the Australian Privacy Principles, govern the collection, use, and disclosure of personal information, including workers' compensation records. Employers must comply with these laws when handling employees' sensitive information.

Confidentiality obligations

Employers have a duty to maintain the confidentiality of employees' personal information, including any workers' compensation history that they may have access to. Disclosing such information without proper authorisation could lead to legal consequences for the employer.

Medical information

Workers' compensation records often contain sensitive medical information about the individual's injuries or health conditions. Accessing or disclosing this information without the individual's consent may also breach medical confidentiality laws and ethical standards.

Work health & safety obligations

While employers may not have direct access to workers' compensation histories, they have a legal responsibility to provide a safe working environment and to manage risks associated with workplace injuries. This includes implementing appropriate safety measures, providing training, and reporting and investigating workplace incidents.

Fair employment practices

It's essential for employers to maintain fair and non-discriminatory employment practices. Making hiring decisions based solely on an individual's workers' compensation history could potentially constitute discrimination, especially if the history is unrelated to the job requirements.

Employee Assistance Programs (EAPs)

Employers may offer Employee Assistance Programs to support employees who have experienced workplace injuries or other challenges. EAPs typically operate with confidentiality and may provide resources for employees to navigate workers' compensation processes while respecting their privacy.

While there are situations where employers may inquire about workers' compensation history, accessing this information without the individual's consent or without a legal basis is generally not permissible in Australia. It's important for both employers and employees to understand their rights and obligations regarding privacy and disclosure of personal information.

By understanding these aspects, both employers and employees can navigate the issue of workers' compensation history with due regard for privacy, confidentiality, and legal obligations. It's important for employers to seek legal advice and establish clear policies and procedures regarding the handling of sensitive employee information, including workers' compensation records.