Good news for employers that check workers’ compensation claims against an applicant’s claim he’s never been injured on the job: You don’t have to inform him where you got the information before you take action because workers’ comp checks aren’t background investigations subject to the federal Fair Credit Reporting Act (FCRA). This was the decision of the 5th Circuit Court of Appeals in the case of Bachman v. Donahoe, No. 11-11060, 5th Cir., 2012. It said the investigation wasn’t a consumer report because his past injuries weren’t related to his credit worthiness, character, general reputation or mode of living. (Bachman v. Donahoe, No. 11-11060, 5th Cir., 2012)
