Should You Disclose a Past Injury to a New Employer?

Starting a new job can bring up many questions, including whether you should share details about a past injury with your employer. The straightforward answer is no, you’re not obligated to disclose this information unless it directly impacts your ability to perform the job safely and effectively. Here’s why.

 

Your Rights as a Job Applicant

 

Employment and disability laws, such as the Americans with Disabilities Act (ADA) in the U.S., protect your right to privacy. Employers can’t legally ask about your medical history, including any past injuries, during the hiring process. This ensures that hiring decisions focus on your qualifications and ability to perform the essential duties of the job.

If an employer does ask about past injuries, you’re not required to answer. Instead, you can redirect the conversation to discuss the role’s requirements:

 

• “Can you tell me more about the physical demands of this position?”
• “What are the key tasks that require physical effort?”

 

By shifting the focus to the job’s responsibilities, you can assess whether you’re capable of meeting the expectations without disclosing unnecessary personal information.

 

When Disclosure Might Be Necessary

 

There are instances when it’s appropriate to share details about a past injury, especially if it could affect your ability to perform certain tasks or ensure workplace safety. For example, if a position involves heavy lifting and you have a restriction, it’s worth bringing this up to set realistic expectations.

 

However, frame the conversation positively and offer solutions:

• “I have a minor limitation regarding lifting over X pounds, but I’ve successfully managed similar roles using assistive equipment or collaborating with team members.”

 

Ultimately, the goal is to demonstrate how you’re equipped to handle the position despite any limitations. Read more on our website!

 

Schedule Your Initial Consultation Today to Get Started! 

 

If you have questions about your workers' compensation rights, speak to experienced Colorado workers’ compensation attorneys today! We make sure you and your case get the attention you deserve! Call (970) 945-2396 today or schedule your free consultation online.