How Does a Workers’ Comp Claim Affect Future Employment?
When people are hurt on the job, they often wonder if their future employment opportunities will be affected. If you’ve received workers’ comp benefits in the past, this should not affect your future employment. By law, you are permitted to collect workers’ comp if you are injured while on the job. Employers are not allowed to hold your receipt of worker’s comp against you when making hiring or employment decisions. There are strict rules on the details employers can inquire about regarding your work history, including workers’ compensation claims.
Workers’ Compensation Laws
The Social Security Office asserts that each state regulates its own workers’ comp programs. Therefore, the states will assume the responsibility of monitoring these programs and mandate that companies in the state have workers’ compensation programs. As a result, these programs saw significant growth in the early 1900s.
When looking for new employment, there are limits on what a potential employer can ask you when it comes to your work history. The employer cannot ask for detailed information about your injury or whether you’re getting workers’ compensation. It is not lawful to deny someone employment because they were hurt on the job or filed a workers’ comp claim. These laws are designed to protect against discrimination.
Even though employers are not permitted to ask about the injury or claim, they can inquire about things that will protect them from potential issues if they hire you. For instance, the potential employer can ask if you can perform the specific tasks of the job. This allows them to remove their liability if you accept the position.
Employers are also permitted to request that you undergo a psychological or physical evaluation conducted by a medical team to prove you can perform the job you are applying for. The employer can also make this request after they offer you the position.
Know Your Rights
If you’re injured at work due to negligence on the part of your employer, coworker, or another entity, you are entitled to file a workers’ compensation claim to receive benefits. These programs are in place to assist you during a difficult time when your injuries prevent you from working or make it difficult for you to earn an income. Filing your claim should have no bearing on your current employment situation or future employment.
Since you are legally permitted to file a claim, employers can not consider this action when hiring you. However, you can discuss the matter with a specialized law firm if you feel you are not receiving employment opportunities because you filed a workers’ comp claim.
For example, if you need to file for workers’ comp in the Atlanta area, you can meet with an Atlanta workers’ compensation lawyer from the Bader Scott team. You can provide your lawyer with evidence indicating that your injuries are work-related during your consultation. The lawyer will review the evidence and obtain more information if necessary to help you receive the settlement you’re entitled to.
While you don’t need a lawyer to take legal action, consulting with a legal professional can provide you with a better understanding of the claim-filing process so you can effectively address the matter and return to work. In addition, you can ask a lawyer any questions you may have and learn what you can expect during the legal process.
Filing Your Worker’s Compensation Claim
The claim-filing process is similar in most states. First, you’ll need to get medical treatment for your illness or injury. Then, you must make your employer aware about the injury or illness in writing. Your state will determine how long you have to submit this information to your employer in writing. It’s best to check with your employer to learn about specific rules in your state or enlist the help of a law firm that specializes in workers’ compensation cases. A worker’s comp lawyer will also tell you what a future employer can ask you regarding your past injuries and what they can do about them.
About the author:
Early in her journalism career, Cheryl Roy had a revelation: there were not enough experts reporting on law issues. Legal matters are part of daily life. Yet, there seems to be a general aversion towards them. One of the main reasons for this is that the convoluted legal language is difficult for many people to follow. Therefore, she decided to change how the law is perceived by the public.