Should You Tell Your New Employer That You’ve Had an Injury?

When you start a new job, a common question that might arise is whether you should disclose a past injury to your employer. The short answer is no, you’re not obligated to share this information voluntarily. It’s better to keep it to yourself unless it directly affects your ability to perform the job. 

Your Rights as a Job Applicant

Under employment and disability laws, such as the Americans with Disabilities Act (ADA) in the U.S., employers are prohibited from asking about your personal medical history, including past injuries, during the hiring process. This ensures that hiring decisions are based on your qualifications and ability to perform the essential duties of the job, rather than your medical history.

If an employer asks directly about past injuries, you have the right not to answer. A good way to handle this question is to redirect the conversation. For example, instead of discussing your injury, ask questions about the role itself:

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

This approach allows you to focus on the job requirements while assessing whether you can meet them.

When Disclosure May Be Necessary

While you’re not required to volunteer information about an old injury, there may be circumstances where disclosure makes sense. If your injury prevents you from safely performing specific job functions or put yourself or others at risk, it’s worth discussing it with your employer. 

For example, if the role involves heavy lifting and your injury imposes a weight restriction, you might need to bring it up. However, you should frame the conversation around solutions:

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

What Employers Can Legally Ask

Employers are allowed to ask about your ability to perform specific job tasks. For example, they might ask:

• “Are you able to lift up to 50 pounds as required for this position?”
• “Do you have any conditions that might prevent you from working on your feet for long periods?”

These questions are acceptable because they relate directly to the job’s essential functions. If you’re asked similar questions, answer honestly, but keep the response relevant to the role that you’re applying for.

Need advice? Contact a Workers’ Compensation Attorney Today to Discuss Your Rights.

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.