Worker Compensation Claims and Employment
There are regulations guiding what employers can and cannot ask you when searching for a new job. Worrying about the pain and suffering caused by an on-the-job injury can be stressful. Many employees also worry about how a previous workers’ compensation claim will affect future employment prospects. The reality is that all workers have the right to seek compensation for their injuries. Furthermore, prospective employers should not judge you based on prior injuries or claims made with the workmans’ comp insurance system.
According to the Bureau of Labor Statistics, there were 2.7 million nonfatal injuries and illnesses in private workplaces. While that was a decrease from the previous year, that’s still a significant number of employees who faced hardship due to on-the-job injury. A workers’ compensation claim shouldn’t prevent you from gainful employment or caring for your family in the future.
If you are worried that a prior workers’ comp claim is being used to prevent you from employment opportunities, the workers’ comp lawyers at Munley Law Personal Injury Attorneys can help. We have earned national recognition and been named among the Best Lawyers in America, Pennsylvania Super Lawyers, Top 100 Trial Lawyers in Pennsylvania, and Best Law Firms via U.S. News and World Report. In 2016, the legal guide Best Lawyers named Christopher Munley, Workers’ Compensation Lawyer of the Year.
When you’re injured on the job, workers’ compensation is your right. But a previous workers’ compensation claim shouldn’t prevent you from gaining future employment.
How Will a Prior Workers’ Compensation Claim Affect My Future Employment?
An on-the-job injury can cause you immense pain and suffering. But once you heal from your injuries, you should be able to seek gainful employment without fear or worry about discrimination.
The United States Department of Labor tracks data and statistics for workers’ compensation claims and workplace injuries across the United States. According to their numbers, workplace injuries are more prevalent than most people think. Every state, save for Texas, requires employers to have workers’ compensation insurance in case of an on-the-job injury.
When seeking new employment following an injury, a prospective employer may not discriminate against you because of your previous workers’ compensation claim. You have the right to seek out employment based on your skills and qualifications only. During the job application and interview process, you have several rights to protect yourself from discrimination. For example, prospective employers:
- Are limited in what they can ask about your work history
- Cannot ask about your injuries
- Cannot ask about workers’ compensation claims or benefits
- Cannot deny you a position based on a workers’ compensation claim or benefits
However, potential employers can ask you questions specifically related to the job you are applying for. If the position requires specific tasks to do the job safely, like lifting 50 pounds, for example, an employer may ask about your ability to do so. Employers may also make your hiring conditional on certain things, such as a psychological evaluation — but only after offering you the position.
Do Workers’ Compensation Claims Show Up on Background Checks?
Many employees are excited to get back on their feet after a workplace injury. No one wants to be stuck at home doing nothing. But for many employees, there is worry and fear that a previous workers’ compensation claim will make finding new employment difficult. Employers may not wish to hire someone who they think is prone to get hurt on the job.
The good news is that while workers’ compensation claims will most likely show up on a background check, that’s not something you would have to worry about until an offer of employment is already made. However, while you don’t have to disclose a previous workmans’ comp claim during the interview process, you have to be honest with a prospective employer. If your injury prevents you from doing the job properly, you should clarify beforehand.
If you are unsure which questions you should answer while speaking to a potential employer about your future job prospects, the workers’ compensation attorneys at Munley Law Personal Injury Attorneys can help. We have almost six decades of personal injury and workplace experience and can help you navigate your future.
What Should an Employee Do if They Have Been Unfairly Denied a Job Opportunity Due to a Workers’ Compensation Claim?
You have the right to seek workers’ comp when injured in your workplace. You also have the right to gainful employment without discrimination. At Munley Law Personal Injury Attorneys, our team of experienced attorneys can help with both.
When you’ve been injured on the job, you have the right to make a workers’ compensation claim. The workmans’ comp system is there so you can pay your bills, recoup your lost wages, feed your family, and more. Once you are ready and able to go back to work, your benefits shouldn’t preclude you from seeking gainful employment. Prospective employers do not have the right to discriminate against you because of your injuries or your workers’ compensation claims.
Businesses Can’t Discriminate Based on Disability
Millions of Americans are injured at work every day. Moreover, Title 1 of the Americans with Disabilities Act ensures that employers will not discriminate against you because of your injuries. Businesses that discriminate against you because of short-term or permanent disabilities or previously filed a workman’s compensation claim can face a serious lawsuit.
At Munley Law Personal Injury Attorneys, our team of proven and experienced workers’ compensation attorneys can help you if a workers’ comp claim prevents you from future employment. We know that you need to focus on your recovery and your family, which is why we handle the rest. Munley Law Personal Injury Attorneys’s workmans’ comp lawyers use a contingency fee model. We never send you an hourly bill, and we don’t receive any money unless you win.
An Experienced Workers Compensation Lawyer Can Help
You have the right to work without being discriminated against for your injuries or prior workers’ compensation claim. At Munley Law Personal Injury Attorneys, we’re here to help you. We understand how work injuries and discrimination can affect your livelihood, bank account, and emotional wellbeing. Our team of experienced workmans’ comp lawyers can help you if your future employment is affected.
At Munley Law Personal Injury Attorneys, we believe that cost should not stand in the way of justice for the injured. Therefore, we do not collect a fee for our services unless we recover your benefits. As our client, you will not have to pay anything up front or out of pocket.