Can Employers See Old Workers’ Compensation Claims?
The fear of opening a workers’ compensation claim is just the start. After filing a claim, many employees fear they will lose their jobs. Then either that happens, or they leave the job, and they fear their claim will follow them.
A Washington, DC workers’ compensation lawyer can help you understand the ins and outs of workers’ comp claims and benefits. Working with your worries now, you can prepare for questions in the future.
Can An Employer See Your Past Claim?
Yes, there is a short list of states that protects claimants, and Washington, DC does not. But, there is still some concern when an employer brings up the issues of workers’ comp.
Because of the ADA, Americans with Disabilities Act, a potential employer cannot ask you about your medical history. If you have a job lined up but they asked you about past claims, get a lawyer involved now. You shouldn’t be denied access to a good job because of an injury.
Anyone who has submitted a claim is likely in a variety of indexes that businesses use to search for claimants. Often businesses who search these prior to making job offers believe they were the victims of fraud.
At the end of the day, an employer shouldn’t ask you about your claim. They should not make hiring decisions based on anyone’s medical record. Although these indexes exist to help businesses find claims, they are not a hiring tool.
If someone asks you a question, answer honestly. But know that these are questions that good employers wouldn’t ask.
Omitting Employers on Resumes
Many people, for fear of being passed over, omit the employer they filed the claim against. Unfortunately, that almost never works out for the applicant. Omitting a past of job on an application is falsification.
On grounds of falsification, a company can revoke a job offer, and even terminate a recent hire. Here is a quick example. If you put in a workers’ comp claim against your last employer and did not list them on your application, you are essentially lying. So if you had an interview and then got hired, you could still be terminated.
Although you do have to list your employment history and complete the application, you do not have to disclose your claim. You do not have to mention to your potential employer that you previously filed for workers’ comp. In fact, you shouldn’t.
A common situation is that a prospective applicant is doing well until they mention something that violates the EEOC, ADA, or Title VII. Someone mentioning their medical history, religion, or even submitting an application with a photo could disqualify themselves. Candidacy must be as neutral as possible. An employer won’t risk someone trying to sue them because they knew about some part of their history or background.
Call a Washington, DC Workers’ Compensation Lawyer
If you believe that you are having trouble finding employment because of your claim, get a lawyer. Although there is little you can do to remove your case information from public record or databases, you can fight potential employers.
An employer refusing you a job because of a medical history is the same as not hiring someone because of a disability or because of their religious beliefs. It is not a factor that contributes to your ability to do the job at hand.
You should continue to apply for positions, interview and whenever possible, accept jobs. You should not seek out employers that request workers’ compensation information. Whenever possible, avoid the topics of workers’ compensation before you have a job offer.
Washington, DC Workers’ Compensation lawyer
Your claim is likely in public records. Your claim details and information is probably in many different indexes. How can you protect yourself from future employers?
You can get legal help. If an employer seemed interested and then asked you about your claim, contact a Washington, DC workers’ compensation lawyer. If someone brought up your claim during an interview, get legal advice. It’s not fair to you or other applicants if an employer makes their hiring decisions based on your past claim.
Additionally, you can get help with your ongoing workers’ compensation claims. Seek hearings, pursue appeals, and get the recovery time you need with proper legal representation. It’s vital for many people to have someone in their corner. For you, that means someone willing to stand up to big insurance companies and doctors.
Visit online or call a Washington, DC workers’ compensation lawyer at Aschraft and Gerel for a free consultation on your case.