Previous injuries can be found after a job offer is made by using a Post Offer Medical Questionnaire followed by a medical evaluation based on the EFJ (Essential Functions of the Job). The EFJ are the duties the employee must be able to perform to keep that position. The medical evaluation can show whether the applicant can perform the job without undue risk of injury. If not, the job offer can be withdrawn and if no other suitable job is available, the applicant is not hired nor is required to be hired.
But once someone is hired, it's too late to dismiss the employee for a previous injury. If the new hire cannot meet the EFJ, the employer can withdrawn that job offer, but must find another job that the new employee can perform without risk of injury.
Employers should also administer pre-employment drug screenings and physicals to prospect/employees who will/do perform physically demanding jobs.
Employees need to sign the job description. If his/her job duties aggravate a previous injury and that injury shows up on the former employer's workers’ comp claim history, your client’s loss may be lessened through apportionment.
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