Website design By BotEap.comIf you’ve been injured on the job in the past and filed a workers’ compensation claim, you are familiar with the treatment, recovery, and paperwork involved. Depending on the circumstances and severity of your injury, and the geographic location of your workplace, certain laws may apply to your situation. If it happened that you had to hire legal representation to receive your benefits, it is likely that you will have to resolve a dispute with your employer. The question now is, does the claim remain on your “record” and will it adversely affect future employment?

Website design By BotEap.comIt is natural to feel concerned, as a potential employer may consider such a claim in a number of ways:

• A claim can put you in a less favorable light if you measure up to candidates who have not been injured. An employer who had a bad experience with one worker and one claim may be hesitant to risk another, even if you are reasonably healthy.
Website design By BotEap.com
• Notification of a claim may lead others to think that you are not physically capable for the job for which you have applied. This may make sense if your injury was serious.

Website design By BotEap.comYour “record” will always show that you made a claim. Insurance companies use a computer database capable of storing the basic data of your claim, and that database is never deleted. Only insurers have access to this information.

Website design By BotEap.comPotential employers can find out about your claim if you (1) tell them; (2) check references and are informed; or (3) obtain, with your consent, prior medical records. Generally, when physical condition is part of obtaining the job, a prospective employer can request an authorization allowing them to obtain your past medical records. You should tell them who your GP or primary care doctor is and about any other medical care you have received. The requested period may vary, but five years is the norm. Therefore, if your claim was 15 years ago, it is highly unlikely that it will appear.

Website design By BotEap.comWhat should you do?

Website design By BotEap.comThe thought that you might be turned away from a job based on a previous Workers’ Compensation case may worry you, but realistically, unless you are still injured and unable to perform the new job, there is probably no reason to worry.

Website design By BotEap.comIf you are asked this on a job application, my advice is to be honest. When you stay honest about your story, you have a better chance of advancing your efforts.