The root cause of Workers’ Compensation injuries today is complicated by the fact that many Americans have underlying and pre-existing illnesses and injuries that contribute to workplace accidents. These prior conditions directly affect an employee’s ability to safely perform the job tasks at hand. Additionally, most states have rules stating that injuries reported at work that have been aggravated by pre-existing conditions are compensable Workers’ Compensation claims. To ensure that employees do not pose a safety risk to themselves or others, it is vitally important to institute a Post-Offer Medical Questionnaire (POMQ) program.
Implement a Post-Offer Medical Questionnaire Program Into the Hiring Process
To help better control Workers’ Compensation claims costs and mitigate potential employer liability for a negligent hire, a lawfully used Post-Offer Medical Questionnaire (POMQ) should be incorporated as part of the hiring process. The POMQ is a questionnaire that asks about a prospective employee’s medical history. It assists an employer in determining whether or not the individual will be able to perform the essential functions of the job with or without reasonable accommodation. Its goal is to best fit the candidate to the physical requirements of the job and to avoid placing an employee in a position that could be hazardous to him or her, other employees, or the company.
It’s important to stress that a POMQ cannot be used as a tool to discriminate against individuals. Employers are permitted to conduct medical inquiries on prospective employees under the Americans with Disabilities Act (ADA) as long as certain rules are followed. An employer can utilize a POMQ after an offer has been made to the candidate but prior to starting work. The questions must be job-related and consistent with business necessities.
The completed POMQ, along with a detailed job description for which the candidate is being considered, should then be sent to a physician to determine if the individual can safely perform the essential duties required. Some red flags found in the completed POMQ that may require further investigation include impairing medication use, a current or chronic injury or medical condition, prior surgeries, etc.
For example, let’s say a health aide candidate for a home health care provider is required to, as part of her job description, drive a patient on a daily basis to perform chores. The health aide has a history of seizures which could potentially put both her and the patient in harm’s way should she suffer a seizure while driving. Or perhaps the candidate suffers from rheumatoid arthritis or has had multiple back surgeries and is required to lift the patient several times a day. The physician, at this point, would have to determine if these medical factors could impact the candidate’s safe performance of the job functions.
The Question of Reasonable Accommodation
If the physician gives a candidate the green light for the prospective job, but the employer is still unsure of the candidate’s ability based on the pre-existing conditions highlighted in the POMQ, the employer can seek a second opinion. If the physician finds that the candidate can take on the job, but with limitations, the employer must decide whether a reasonable accommodation can be made to enable the candidate to meet the essential job requirements. On a case-by-case basis, this involves assessing the cost to do so and whether such an accommodation would be disruptive to the business. If no reasonable accommodation is available, an employer can withdraw the offer.
In looking at Workers’ Compensation claims, it’s important for employers to understand that from a financial standpoint, a relatively minor incident at work can quickly become a severe injury if the employee is not appropriately matched with the tasks outlined in the detailed job description. This severe injury will impact their insurance costs for many years thereafter due to an inflated experience modification rate. At Prescient National, we believe that well-informed hiring decisions drive down the overall cost of risk. Used correctly, a well-crafted POMQ program is a great tool to optimize employee safety and help mitigate potential claims. Hiring employees who are fit for duty is productive for the staff, insulates an employer from legal liability, and enhances safety throughout the organization.
