Mississippi Court: injured applicants can receive worker’s comp

may be qualified for worker’s compensation should they become injured while the test is being administered. This case was brought to court after Kevin Collins injured his knee climbing into and out of a truck cab during a pre-employment driving and agility test in 2012. His employment with the company was contingent on passing these tests, though he had received an official letter welcoming him as a truck driver for the company before he completed the test. He did not pass the test, and he filed for worker’s compensation for his injury. When he arrived for orientation the day after his test, his job offer was revoked. Pre-employment tests are a good way for employers to determine if a job applicant can perform job functions prior to beginning employment, but employers should be careful to ensure that safeguards are in place to prevent injury, if they require these tests. This is not only just to avoid insurance claims, but also to prevent applicants from over-extending themselves if they are not truly capable of completing job functions. Two different judges — one with the Mississippi Worker’s Compensation Commission and then the Court of Appeals — determined that Collins should receive worker’s compensation benefits because his contract with the company was implied. He did receive approximately $300 in benefits from the company. To learn more about how your business could be affected by this ruling, contact Mind Your Business.]]>

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