Does Workers’ Compensation Affect Future Employment?

A Workers’ Compensation claim usually won’t impact future employment opportunities. In general, it is illegal for an employer to deny work due to a disability or a prior workers’ comp claim. Additionally, most prospective employers will not know a worker has filed a claim in the past because they are usually confidential.

However, lingering medical restrictions, gaps in employment, or employer bias can sometimes affect job opportunities. It is also illegal for an employer to deny a job solely because a person has filed a claim, as laws protect workers from discrimination and retaliation.

Any worker who is the victim of illegal retaliation after a workers’ comp claim should call (818) JUSTICE for a free attorney consultation.

Understanding Workers’ Compensation Benefits and Employee Rights

Workers’ compensation is designed to provide benefits to employees who are injured or become ill due to their job. Benefits may include medical treatment, wage replacement, and disability payments, which are designed to allow employees to recover without facing financial hardship. Filing a claim is a legal right, and employers cannot retaliate against an employee for exercising that right. State and federal laws prohibit termination, demotion, or other negative treatment simply because a workers’ compensation claim was filed.

Injured workers can have the right to a wide variety of damages after an incident. Workers’ compensation will usually include any expenses related to medical care, lost wages, and sometimes even compensation for pain and suffering.

Impact on Future Job Applications & Career Advancements

An employee’s workers’ compensation history should not prevent them from securing a new job or advancing in their career. Employers are generally not allowed to ask about past workers’ compensation claims during the hiring process, and such claims do not appear on standard background checks. Gaps in employment history caused by time off work, or physical limitations resulting from the injury, may raise questions from potential employers. While most companies focus on skills and experience, some industries may consider medical restrictions when evaluating whether a candidate can safely perform essential job duties.

Example: a worker who lost his left arm in a forklift accident. After the worker recovers, he may not be able to lift large objects or perform other critical job functions , especially those requiring manual labor. During rehabilitation, the one-armed worker may need to spend time learning new skills to find other employment prospects in other areas. Occupational therapy can be a critical step for employees who can no longer perform their current job after a work injury.

For some employers, the federal government offers a tax credit to companies that hire disabled workers. Federal tax advantages can be a critical leg up for disabled employees as they seek future employment.

Protections for Working With a Disability

Employees who return to work after a workers’ compensation injury may still face lasting medical conditions or disabilities. Both federal and California laws provide important protections to ensure fair treatment. The Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) prohibit employers from discriminating against workers because of a disability and require them to provide reasonable accommodations.

Reasonable accommodations can include modified work duties, adjusted schedules, ergonomic equipment, or temporary reassignment, as long as the changes do not cause the employer undue hardship. It is also unlawful for an employer to deny a qualified worker promotions, training opportunities, or continued employment simply because of a disability. Workers who experience discriminatory treatment after an injury have the right to take legal action to safeguard their rights and secure financial support during a difficult time.

Misconceptions & How to Protect Yourself

A common misconception is that filing a workers’ compensation claim will automatically make someone less desirable for future job opportunities. However, California law prohibits discrimination based on workers’ compensation claim history. Another misunderstanding is that workers’ compensation records are publicly available to hiring managers, when in reality, they are private and not part of routine employment screenings. A prospective employer should not ask about previous workers compensation claims during a job interview.

To protect against potential bias, claimants should keep thorough medical and employment records, be honest about any work restrictions, and focus on highlighting skills and accomplishments when applying for new roles. Consulting with an employment attorney can also provide guidance if discrimination or retaliation occurs after a workers’ compensation claim. Staying informed about legal rights is the best way to safeguard both immediate recovery and long-term career opportunities.

When to Speak With an Employment Attorney

Navigating the aftermath of a workers’ compensation claim and workers compensation laws can be confusing, especially if concerns about future employment, retaliation, or discrimination arise. An employment lawyer should be contacted if a worker suspects that a job offer was denied, a promotion was blocked, or termination occurred because of a past claim. Professional guidance is also valuable when an employer is pressuring an injured employee to return to work before full recovery or when workplace accommodations are being ignored.

Lawyers for Justice, P.C. has helped workers throughout California fight for their legal protections. After over a decade, the team of powerful, award-winning attorneys at LFJ knows how to fight for workers’ rights and win compensation on behalf of victims.

Call (818) JUSTICE for a free consultation!

How Does Workers’ Compensation Affect Your Future Employment – FAQ

does filing a workers’ compensation claim stay on an employment record? No, filing a workers’ compensation claim does not become part of a permanent employment record. Employers and hiring managers are generally not allowed to access or use past workers’ compensation claims when making hiring or employment decisions.

can future employers find out if a workers’ comp claim was filed? Future employers typically cannot find out if a workers’ compensation claim was filed, as claims are usually considered private. Access is generally limited to insurance companies, medical providers, and the current employer involved in the claim.

is it legal for an employer to refuse to hire someone because of a past workers’ comp claim? No, it is not legal for an employer to refuse to hire someone solely because of a past workers’ compensation claim. Doing so is considered discrimination and violates both California labor laws and federal protections under the Americans with Disabilities Act (ADA).

can an employer fire an employee for filing a workers’ comp claim? No, an employer cannot legally fire an employee for filing a workers’ compensation claim. Retaliation for exercising the right to workers’ comp is against California law, and employees who are terminated because of a claim may have grounds for a wrongful termination lawsuit.

what protections exist against discrimination after a workers’ comp claim? California law provides strong protections for employees who file a workers’ compensation claim. Employers are prohibited from retaliating, harassing, or discriminating against workers for exercising their right to benefits, and violations can lead to legal penalties and compensation for the affected employee.

does a workers’ comp settlement prevent returning to the same job? A workers’ comp settlement does not automatically prevent returning to the same job. However, if the injury limits the ability to perform previous duties, the employer may offer a modified position, or in some cases, the worker may need to transition to a different role or employer.

are there laws that stop retaliation for filing a claim? Yes, California law prohibits retaliation against employees for filing a workers’ compensation claim. Employers cannot fire, demote, or otherwise punish an employee for exercising their rights, and workers who experience retaliation may be entitled to legal remedies.