A question that often comes up when thinking about employees’ and workers’ compensation is if it will affect future employment. Having previously received worker’s compensation benefits should not affect your future employment in any way. You are legally allowed to collect workers’ compensation benefits if you get hurt on the job. As such, employers cannot hold it against you that you are injured or collect benefits.
There are strict regulations regarding the information that employers can ask you about your previous work history and related matters. Some of these regulations address involvement in workers’ compensation claims.
If you are concerned that filing a workers’ compensation claim will affect your future employment, consider discussing your situation with a lawyer to see what legal options you have to protect yourself. Call Ben Crump Law, PLLC, at (800) 603-4224 to speak to our team about your case.
Workers’ Compensation Law
According to the Social Security Office of Policy, states regulate their workers’ compensation programs. They assume the responsibility of overseeing these programs and then mandate that companies must have them. These programs began to see widespread adoption across the country in the early 1900s.
When you are looking for a new job, there are limits on what an employer can ask you about regarding your work history. The employer cannot legally ask you specific information about your injury or about collecting workers’ compensation benefits. It is also illegal to deny someone a job because they were injured in a workplace or filed a workers’ compensation claim. These laws protect you from discrimination based on your prior work history and claims history.
Although employers are not allowed to ask you about injuries or workers’ compensation claims, they are allowed to ask questions that help protect them from potential problems with hiring you. For example, an employer can ask you if you are capable of doing specific work tasks that are required for you to do your job effectively and safely. This helps protect them because if you are not capable but say that you are, they can remove their liability for your actions.
An employer can ask you to undergo a physical or psychological evaluation conducted by medical professionals to prove you can do the job. An employer can make this request after offering the position. Employers who require this evaluation want to ensure your condition will not be a liability to the company.
Understanding Your Rights
If you get hurt at work because of negligence on the part of a coworker, employer, or another party, you have the right to file a claim for workers’ compensation benefits. These programs exist to help you through a tough part of your life when your injuries keep you out of work and make it difficult to earn a living. Filing a claim should not affect your current work situation or your future work situation in any way.
Since you have the right to file a claim, employers cannot take this into account when deciding whether or not to hire you. If you feel you do not receive work opportunities because you filed a workers’ compensation claim, you can discuss your situation with a lawyer. You do not need an attorney to take legal action, but consulting with one can help you understand the process of filing a claim so that you can address the situation and get back to work. You can ask an attorney any questions you have and learn what to expect as the process unfolds.
Filing a Workers’ Comp Claim
The process of filing a claim is similar across states. The first step is to get medical treatment for your injury or illness. You must then inform your employer about the injury or illness in writing within a certain time frame, as outlined by your state’s laws. Check with your employer to see what the regulations are in your state regarding filing workers’ compensation claims, or an attorney can help you. Our workers’ compensation attorneys can help you understand your rights and your legal options. Make sure you work with a specialized attorney to file your claim as you might encounter issues along the way, among which a claim denial is among the most disheartening.
Contact Ben Crump Law, PLLC, Today
Filing a workers’ compensation claim should not affect your future employment in any way. If you feel that workers’ compensation may affect your future employment, you can discuss your situation with an attorney to see what legal options you can take to address your issue. You might be able to pursue legal recourse to resolve problems with workers’ compensation and your employment. Call the offices of Ben Crump Law, PLLC, at (800) 603-4224, to discuss your case with our team in a free consultation.