If you’ve been injured on the job in the past and filed a Workers’ Compensation claim, learn about the treatment, recovery, and paperwork involved. Depending on the circumstances and severity of your injury, and the geographic location of your workplace, certain laws will likely apply to your situation. If it happened that you had to hire legal representation to receive your benefits, it is likely that you had to resolve a dispute with your employer. The question now is, does the claim stay on your “record” and will it negatively affect your future employment?
It’s natural to feel concerned, as a potential employer may view such a claim in a number of ways:
- A claim can put you in a less favorable light if you are applying for a position against candidates who have not been injured. An employer who has suffered a bad experience with one worker and one claim may be hesitant to risk another, even if he is reasonably healthy.
- Notification of a claim may lead others to believe that you are not physically capable of the job for which you have applied. This may make sense if your injury was serious.
Your “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.
Potential employers may find out about your claim if you (1) tell them; (2) check references and are told; or (3) obtain, with your consent, prior medical records. Typically, when fitness is part of obtaining the job, a prospective employer can request a release that allows them to obtain your past medical records. It will tell them who your family doctor or primary care doctor is and any other health care you have received. The period requested may vary, but five years is the norm. Therefore, if your claim was 15 years ago, it is highly unlikely that it will show up.
What should you do?
The thought that you might be turned away from a job based on a prior Workers’ Compensation case may worry you, but realistically, unless you’re still injured and unable to perform the new job, there’s probably no cause for concern.
If you’re asked this on a job application, my advice is to be honest. When you remain honest about your story, you have a better chance of advancing your efforts.
