California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    May 2010
    Posts
    6

    Default How Do You Get a Job After Being on Workers Comp

    I know this isn't really a technical question but I was hoping someone could help shed some light on this.
    What do you say on a application? That you have been on workers comp. for the last two years . Who will want to hire you .
    Can your last employer tell them? Is it legal for them to ask if you have ever been on workers comp.?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: How Do You Get a Job After Being on Workers Comp

    Potential ER's should not ask about prior WC claims.
    You apply for jobs that are within any restrictions you may have due to the injury.
    You fill out the applciation/resume indicating you were on a medical leave. You don't have to divulge the reason/cause of the leave.

    The ER is generally precluded from asking you about your medical condition beyond "is there any reason you are aware of that would prevent you from performing the duties of the position you are applying for?"
    You can be required to undergo a physicial examination post hire.

  3. #3
    Join Date
    May 2010
    Posts
    13

    Default Re: How Do You Get a Job After Being on Workers Comp

    Can I ask - is it even bad to tell the interviewer that you had a back injury at your last job, which led to needing work with less standing, etc. I have not mentionned the wc claim, just why I needed to leave/look for different type of work, and I find that I'm not being hired. I don't see any way around telling the above, because there's been a 3 month gap so far since leaving last employer.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: How Do You Get a Job After Being on Workers Comp

    Any time you tell a potential employer you have medical conditions/restrictions that prevent you from fully performing your job duties, you are waving a huge red flag. No ER wants to take any person on knowing there is the probability of injury in the workplace.
    DON'T apply for jobs that are outside the restricitons placed on you by your Dr. And don't tell any ER "I can't do...."

  5. #5
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,900

    Default Re: How Do You Get a Job After Being on Workers Comp

    Quote Quoting astralartist4 View Post
    Can I ask - is it even bad to tell the interviewer that you had a back injury at your last job, which led to needing work with less standing, etc. I have not mentionned the wc claim, just why I needed to leave/look for different type of work, and I find that I'm not being hired. I don't see any way around telling the above, because there's been a 3 month gap so far since leaving last employer.
    You do not need to tell the person interviewing you that you had a work related injury. Legally, a person interviewing you cannot ask if you have had a previous work related injury.

    Do not shoot yourselves in the foot here.

    I am sure many have people employment gaps in this economy. If your former employer let you go, then I would say you were laid off....you do not need to elaborate, to it be due to your work comp claim, that your position was filled etc etc.
    Last edited by kelly38; 05-13-2010 at 07:44 AM.

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