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Does Filing Workers' Comp Affect Future Employment?

Returning to work after a workers’ compensation claim can feel intimidating, but that may not be the end it. If you later find yourself applying for a new job with a new employer, you may find yourself wondering whether a new employer can see your workers’ compensation claim and whether that makes a difference.

The raises the question, does workers’ compensation affect future employment and, if so, to what extent?

Can an Employer Find Out About My Previous Workers’ Comp Claim?

Yes. If your employer requires a background check as part of the hiring process, any previous workers’ comp claim may appear in that background check. These are not only claims that have been approved. The background check will include any previous claims you’ve made, even if they were denied.

If you’re applying for a new job after a workers’ comp claim, the most important thing is that you understand your rights and what your new employer can and cannot ask about.

Your Legal Rights

Even if your employer learns about your previous workers’ comp claims, they will typically only know that a claim was filed. The circumstances of that case are not for them to know, and you have no obligation to share the details. For that reason:

  • An employer can not ask about previous workers’ comp claims

  • An employer is not allowed to not hire you based solely upon a previous workers’ comp claim

  • You have no requirement to share information regarding your medical history with your new employer.

  • It is legal for employers to ask if you can meet all job requirements, whether that be in a physical or mental capacity

  • If you are given a job offer, an employer is allowed to require a medical or psychological exam as long as it’s required of all employees who have the same position

All that said, if your employer improperly inquires about your injury or if you believe they’ve denied your application because of a past workers’ comp claim, do not hesitate to contact an attorney immediately.

To schedule a free case consultation with an experienced Kentucky workers’ comp attorney who will work tirelessly on your behalf, don’t hesitate to send us an email or call (270) 423-0023.

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