To minimize risks and mitigate profit to loss ratios, employers must hire the most productive employees and keep those workers' insurance costs low. For this reason, many employers are hesitant to take on new employees who indicate higher risks in the future.
These concerns are valid. The bottom line is a company is only as profitable and operational as its employees are good and productive. Yet, an employer is bound by federal law in what they can do to determine employee risks for claiming for compensation in advance.
It is illegal to ask about past workers compensation claims or include such claims in the employee background check.