["Workers' Compensation"]

04/16/2026

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9.8 What if an Employee Provides False Information About their Health or Physical Condition?

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9.8 What if an Employee Provides False Information About their Health or Physical Condition?

RegSense Compliance Docs HR Generalist Workers' Compensation Workers' Compensation Agency Publication USA HR Management English Focus Area Human Resources

Technical assistance manual on the employment provisions (Title I) of the Americans With Disabilities Act

IX. WORKERS' COMPENSATION AND WORK-RELATED INJURY

An employer may refuse to hire or may fire a person who knowingly provides a false answer to a lawful post–offer inquiry about their condition or workers’ compensation history.

Some state workers’ compensation laws release an employer from its obligation to pay benefits if a worker falsely represents their health or physical condition at the time of hire and is later injured as a result. The ADA does not prevent use of this defense to a workers’ compensation claim. The ADA requires only that information requests about health or workers’ compensation history are made as part of a post–offer medical examination or inquiry. (See Chapter VI.)

["Workers' Compensation"]

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