The Impact of Workers’ Compensation Claims on Employer-Employee Relations

If I’m Injured on the Job, Can It Affect My Future Employment in My Current Job?

If you’ve been hurt on the job, navigating your injury in California can be daunting. Especially if a worker’s comp claim is involved.

Additionally, you must usually consider the potential impact on future employment opportunities. California’s workers’ comp is designed to provide support and financial assistance if you’re injured on the job. Still, employees are often concerned about how filing a claim could affect their current job and career trajectory.

When filing a workers’ compensation claim, it’s not usual for employees to be concerned that their claim will negatively affect their future employment opportunities; at times, it may.

You must note, however, that California law strictly prohibits discrimination against workers who have filed a workers’ compensation claim. Also, new employers cannot ask about previous injuries or workers’ compensation claims during their hiring process. However, the worker’s comp claim might come up in other ways, such as through your background check.

In your favor, however, California law provides robust legal protections for workers who file workers’ compensation claims. This makes it highly illegal for employers to retaliate against employees who themselves file a claim, report a workplace injury, or testify in another workers’ compensation case.

These legal protections protect you from being fired, demoted, or discriminated against in any way due to your previous worker’s comp claim.

So, fully understanding your rights is critical (especially if you must sue for more damages) for all California injured workers. For example, you are legally empowered to seek the benefits. You are entitled to continue to work without fear of unjust treatment by your employers. If you feel you have been unjustly or illegally treated, a Los Angeles workers comp lawyer’s professional advice, guidance, and knowledge is mandatory.

Can My Workers Comp Claim Affect an Employment Law Case If I Must Sue?

Many employment law cases, especially ones involving disability or workers’ compensation claims, are ongoing. Alternatively, many workers’ compensation claims include the additional stress of potential employment claims.

When these two types of legal cases coincide, there can be benefits as well as potential pitfalls that may occur. With a prudent, experienced workers comp or employment law attorney, this legal intersection can sometimes significantly benefit both of your ongoing legal battles.

As stated, potential pitfalls, such as utilizing conflicting evidence, can also occur; this is another sound reason to have a qualified and experienced employment lawyer on your side. Your well-versed lawyer will know how to proceed and use potential advantages, such as obtaining favorable psychological treatment or evaluations and witness statements.

Typically, your lawyer, as part of their initial investigation, will request documents from the workers’ compensation insurance company and your employer. These documents usually include personnel files, wage statements, witness statements, Insurance Services Office (ISO) reports, etc.

So, many times, workers comp claims, and employment lawsuits intersect. Still, with the help of a diligent, highly skilled workers’ compensation lawyer, this issue may help you get the benefits and compensation you need.

Can a Workers Comp Filing Affect My Future Hiring Process?

Suppose you are applying for a new job after filing your workers’ compensation claim. In that case, you must thoroughly understand what information you must disclose and what your potential employer can legally ask you to disclose.

In most cases, you are not obligated to volunteer any information about your workers’ compensation history. Still, you must be prepared to address gaps in your employment history due to your injury honestly and professionally. Your lawyer will usually tell you to focus on the recovery you’ve made and your absolute readiness and ability to return to work.

In California, all workers’ compensation claims are usually confidential and don’t exist in any public records. However, information may become available in the public court records if your claim goes to trial, appealed, etc.

Also, most employers now conduct background checks. However, in California, they are not permitted to use any information pertaining to a workers’ compensation claim as a basis for their employment decisions. The only exception to this rule is if the nature of the injury you suffered directly impacts your ability to perform the essential functions of the new job you are applying for.

If this subject arises and needs to be clarified to your prospective employer, your worker’s comp lawyer will provide you with thorough, excellent advice on managing it.

If I’m Applying for a New Job, Are My Rights Protected After a Workers Comp Claim?

A thorough and total understanding of your rights regarding your workers’ comp history is always critical; every situation differs, making professional guidance mandatory.

You must remember that in almost all cases, your new employer cannot ask you about mental or physical disabilities, health conditions, or previous workers’ compensation claims. Additionally, they cannot refuse to employ you due to a disabling condition or prior injury (considering you can do the job you are applying for).

However, a new employer is within their rights to ask if you can fulfill the position’s job-related functions and perform a psychological or medical exam. This is usually only done if they make you a job offer and it’s necessary for business and job-related functions.

In California, most employers know that workers’ compensation insurance is a standard expense and exists to protect workers and everyone involved in any incident.

If you have a previous claim, your new employer cannot and shouldn’t hold it against you. However, your workers’ compensation lawyer will explain the steps you should take when filing your claim and applying for a new job that will assist you significantly.

I’ve Filed for Workers Comp and Don’t Want it To Affect My New Job; How Should I Proceed?

Every worker’s comp and their effect on you and your current or future job differs. So, the most prudent and effective way to ensure that a workers’ comp claim doesn’t negatively impact your future or current employment opportunities is to work closely with a fully qualified workers’ comp lawyer and thoroughly discuss negative ramifications before they arise.

Your California workers comp lawyer will help you navigate the complex workers’ comp system, litigate if needed, and work tirelessly to ensure your record doesn’t affect your current or future employment.

The skilled, empathetic, and highly experienced workers’ compensation lawyers at the Espinoza Law Group have helped a myriad of Injured workers needing legal help of all types.

Call them today at 213-667- 0701 for a free case screening. They will work tirelessly to protect your rights and current and future employment.