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Spanish Workers’ compensation should not affect your future employment. There’s no reason why applying for workers’ compensation at a previous job should affect a new one. While the injury you suffered from a previous job may affect your working capacity, workers’ compensation in and of itself should have no bearing on your future employment prospects.
Employers cannot discriminate against you based on any disabilities you have prior to employment. So, they can’t ask about injuries you suffered while employed elsewhere. They can, however, ask if you can physically perform certain tasks, which may affect your eligibility for hiring.
Workers’ Compensation Shouldn’t Affect Future Employment
California has very stringent rules on who can view an employee’s workers’ compensation history. A new employer can only see this information once it’s made a conditional job offer. It can’t ask for this information during an interview, then use your answer to set your application aside.
But what happens if an employer offers you a job, sees that you applied for workers’ compensation, then rescinds the offer? In that instance, you could have a case for discrimination, which would give you grounds to sue.
Your Employer Must Make Reasonable Accommodations
An accident at a previous job may have limited your working ability. So, after getting hired for a new position, you may need accommodations for your disability. If your workplace has more than five employees, your employer must make reasonable accommodations under the Americans with Disabilities Act.
Per California’s Civil Rights Department, some accommodations would include:
- Altering your work schedule
- Offering assistive aids
- Changing your job-related duties
- Offering alternative communication methods
- Allowing for remote work
- Giving frequent breaks
- Making physical modifications to the workplace, such as installing a wheelchair ramp
The organization notes that employers could also host disability awareness training to promote more inclusive environments.
What Injuries Could Affect My Future Employment?
Any injury can impede your ability to work full-time and complete certain tasks. Yet, you may worry about an injury affecting your future prospects if you suffered:
- Traumatic brain injuries
- Spinal cord trauma
- Paralysis
- Nerve damage
- Cognitive impairments (such as short-term memory loss)
- The loss of one or more limbs
- The loss of a sense, such as sight or hearing
If you’re qualified to hold a certain position, you deserve the same consideration given to other employees. A workers’ compensation claim should have no bearing on your ability to advance your career.
What if an Employer Bases Its Decision on Workers’ Compensation History?
If an employer does not hire you because you were previously injured at work, you have rights and protections under California’s civil rights laws. However, proving why you weren’t hired can be difficult.
There are numerous reasons why an employer could elect to choose someone else for a job instead of you. Many of these reasons are often not enough to warrant legal action. However, if you are offered the job, but the job is rescinded prior to your employment beginning, then you have every right to question the other party’s motive.
How Does the Fair Employment and Housing Act Protect Employees?
As someone with a work-related disability, you have protections under the Americans with Disabilities Act. You also have protections under the Fair Employment and Housing Act (FEHA). This prevents employers from discriminating during the hiring process based on a variety of factors, including:
- Medical conditions
- Physical or mental disability
- Age
You do not have to tell your employer about a disability. You also do not have to reveal to them if and why you applied for workers’ compensation in the past.
Don’t Let Fear of Retaliation Prevent You From Advancing Your Career
If you suffered a job-related injury, you might be thinking a few steps ahead when worrying about whether filing a claim may affect your future employment. Don’t let fear of discrimination or retaliation prevent you from securing much-needed benefits. In a situation like this, you could benefit from partnering with a workers’ compensation lawyer. Not only can they help you apply for and secure benefits, but they can also protect you from any problems that could arise.
A lawyer from KJT Law Group can:
- Notify your employer of your injuries. You must notify your employer within 30 days of your job-related injury. Your lawyer can disclose this information and move forward with filing your claim. They can also field any questions your employer may have about the incident and your injuries.
- Gather evidence. You don’t have to prove negligence to recover workers’ compensation. Yet, you still need evidence to show that you suffered an injury while working and deserve benefits. This information can include photos of the accident scene, your medical records, and eyewitness testimony.
- Answer your case-related questions. It’s understandable to have questions in the aftermath of a work accident. Our team can answer all of them, so you can understand the process and make decisions moving forward.
- Represent you at any hearings. If your employer or its insurer contests your case, we can represent you at any hearings or courtroom appearances. During these meetings, we prioritize your best interest and present a robust case.
You have rights as an injured employee in California. You don’t have to navigate this situation without professional help. With our team’s guidance, you could get the benefits you need to account for your medical bills and lost income.
Contact a Workers’ Compensation Lawyer From KJT Law Group Today
Discriminatory hiring practices have no place in California. If you believe that you were not selected for a job because of a workers’ compensation claim, you have legal rights.
Do not be fearful of filing a workers’ compensation claim. Your current employer or future employers cannot penalize you. A workers’ compensation claim cannot affect your future employment. For more information about your next steps, connect with KJT Law Group at (818) 507-8525. We offer free case reviews.
