Did you know that many California employees are afraid to find a new job after receiving their workers’ compensation? This is because these workers fear that prospective employers will look at their experiences and may not want to hire them.
There is no doubt that an on-the-job injury or illness may leave a worker unable to work for a long period. However, note that even if you intend to return to your workplace eventually, you might be worried about how filing a workers’ comp claim may impact your future employment.
In California, work-related injuries and illnesses are unexpected and stress-inducing for employees. You should know that in an ideal and honest world, filing a workers’ comp claim wouldn’t be used against you when you look for future employment.
Also, it is worth noting that there’s nothing wrong with asking for and fighting for the benefits that you are entitled to receive after a workplace accident or injury. Also, it is crucial to take your time with recovery and ensure that the injury will not linger.
While it is illegal for a California employer to deny you a job simply because of a prior workers’ compensation claim, remember that not all employers are honest and upstanding. This is why many injured employees are concerned that lodging a worker’s comp claim in California may affect their future employment prospects. But should you really be concerned?
If you are concerned about your job application, you would like to know whether workers’ compensation can appear on your background check.
What do California Employers See?
Did you know that in many states, workers’ compensation forms are public record? However, you will be glad to know that California is not one of them. In most cases, your worker’s comp record is off-limits to everyone except your former employer, you, and the court. Also, it is worth noting that your new employer may only see your workers’ compensation record after they have sent you a conditional job offer.
However, a prospective employer may request you to disclose all medical conditions or pre-existing injuries that you may reasonably expect or believe could be aggravated by your job duties. Note that employers have to request this sensitive information in writing. Perhaps, more importantly, it is not legal for California employers to retract a job offer simply because of your workers’ compensation record. And if they do, they are likely to face serious fines and, in some cases, even criminal charges.
What Background Checks can Reveal
You should know that it is illegal for California employers to screen job candidates for past workers’ comp claims. However, note that background checks are legal. While initial workers’ compensation claims aren’t public record, note that appealed claims are. This is why a background check may reveal any prior worker’s comp claims you had that your employer denied and went to the appeals board.
Did you know that a prospective employer in California can access your records via the Workers’ Compensation Appeals Board only in cases where the work-related injury or illness would impact your ability to perform all the essential or necessary functions of the position?
Does Workers’ Compensation Stay on Your Record?
You may wonder if employers can check your workers’ compensation history. Keep in mind that an employer may run a background check in order to see if any past insurance claims are outstanding. Note that when they do this, it is likely that your workers’ comp claim will show up. It is important to note that you can’t erase this important legal history from your background.
However, you can be honest and forthcoming about your experience. Also, note that honesty and integrity will make you look transparent, which is a desirable and admirable trait.
Know Your Rights as an Injured Employee
You should know that filing a workers’ comp claim in California should not have any effect on your future employment. Also, note that recovering compensation after an on-the-job accident or injury is your right as an employee. As long as you don’t badmouth or disparage your former employer, a past workers’ comp claim shouldn’t affect your chances of getting hired in the future.
Note that if you’ve been denied employment in California for a reason related to your past workers’ comp claim, your employer has violated your legal rights. While it is possible that a prospective employer might know about your worker’s compensation case from other sources, you don’t have any responsibility to disclose that you’ve filed a workers’ compensation claim in the past when pursuing employment.
How to Increase Your Appeal to New Employers
You will be glad to know that most employers in California understand that worker’s compensation insurance is an ordinary business expense. This is why if you have a worker’s compensation history, an upstanding and honest prospective employer will not hold that against you.
However, you can take a few smart steps when filing your workers’ compensation claim and again later when you apply for a new job.
When filing a workers’ compensation claim, regardless of how you feel about your current employer, you should avoid personal attacks on their reputation and integrity.
Honesty and transparency are crucial. You should avoid exaggerations as well as overly emotional or sentimental statements to your employer, your medical providers, the claims adjuster, and anybody else involved in the case. It is best to stick to the pertinent facts.
During your application process, make sure you only apply for work that your doctor has cleared you for and remain honest and forthright about your ability to perform the various job duties required.
Consult With a California Workers’ Compensation Attorney
It is understandable if you are concerned or worried about how filing a workers’ compensation claim in California will affect your future employment. One of the best ways to ensure that it doesn’t is to hire a competent workers’ comp lawyer like James E. Latimer. We can help you navigate the worker’s comp system, ensuring that your record maximizes your future employment opportunities.
For dedicated and effective representation in a workers’ compensation case, contact California workers’ compensation lawyers at the Law Offices of James E. Latimer. We can help you recover the worker’s comp benefits you deserve and will protect all your rights. Get in touch with our office right now to schedule a consultation at 510-444-6555.