Reducing Injury Risk with Post-Offer Medical Questionnaires
Workplace injuries in physically demanding industries like construction, hospitality, manufacturing and transportation are costly, with heightened risk early in employment. A recent report conducted by Travelers found that in the last five years, workplace injuries during an employee’s first year on the job accounted for approximately 36% of all injuries and 34% of overall claim costs. While costly, these injuries are often preventable. By implementing a Post-Offer Medical Questionnaire (POMQ), employers can reduce injury risk, improve hiring outcomes and strengthen their legal defense in case of a claim.
Unfortunately, traditional hiring processes often inadequately assess physical readiness, exposing employers to early workers’ compensation claims, lost productivity and legal risk.
What Is a Post-Offer Medical Questionnaire?
For employers, the period between extending a job offer and the employee’s first day is a critical, but often overlooked, window for risk prevention. A Post-Offer Medical Questionnaire is a job-specific, legally compliant tool that bridges that gap by identifying potential physical limitations before the employee starts working.
POMQs allow employers to:
- Identify medical conditions that could impact job performance or safety
- Determine whether reasonable accommodations are needed
- Make informed hiring decisions based on job-related criteria
Note: A POMQ is a supplemental health screening and should not be viewed as a replacement for the application or interview process.
How to Implement a POMQ Process
To be effective and compliant with the Americans with Disabilities Act (ADA), a POMQ must be:
- Administered post-offer, pre-employment
- Directly tied to the essential functions of the job
- Consistently applied across all candidates for the same role
- Stored securely as confidential medical information
If a candidate’s responses raise concerns, the employer can refer them to a medical provider for a targeted evaluation. Based on the results of the secondary assessment, the employer may proceed with hiring, explore reasonable accommodation or withdraw the offer if the individual cannot safely perform the job’s and reasonable accommodations cannot be made.
POMQs can provide helpful information should a workers’ compensation claim arise later in an employee’s tenure. The employer can refer to the employee’s POMQ to determine whether the injury was related to a pre-existing condition that was not disclosed. This approach could provide a defense in claim disputes, especially if the employee failed to disclose a relevant condition.
Legal Considerations and Best Practices
To ensure compliance and effectiveness:
- Develop POMQs based on clearly defined job descriptions, avoiding one-size-fits-all forms
- Focus only on physical requirements relevant to the role
- Have the questionnaire reviewed by legal counsel or a qualified HR advisor
- Train HR staff on proper administration and secure storage, complying with state-specific regulations
Partnering with a knowledgeable advisor can help you navigate these challenges and build a compliant and effective program.
Real-World Results
Discover how utilizing POMQs can identify limitations, reduce the risk of future claims and lead to significant financial savings.
Click to Download POMQ Case Studies
Contact a Scott Insurance Risk Advisor to learn more about the Post-Offer Medical Questionnaire process and other practical strategies that can be adapted to your organization to enhance your overall risk management strategy.
The above information is not intended to be exhaustive, nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.