California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Jan 2013
    Posts
    2

    Red face Will a Workers Comp or Disability Claim Appear on a Background Check

    I used to work for an autoparts chain , recently filed for WC there were denied , my lawyer noticied me about my deposition which will be the first one . My Doctor told me I could go back to work w/ temporary restrictions my employer would not take me like that , they told me the only way I would get my job back with be with no restrictions at all , the relationship with my boss has become really uncomfortable , they have me as in on a Leave which is about to be due and Im afraid that if I go back they will do pretty much my life a hell so I've been thinking not going back .
    Instead I had apply for same job at a different company , so my question is if at the moment the run my background check on me it will show the WC claim or my disability status , because i forgot to mentioned I filed for disability with the state which would cover since a couple of months ago until today.

    In case it does would it help if I drop the case , right now I feel better and I think i need to go back to work and get going with my life ; I know that the WC records can not be erased , but so far this claim it got just started we have not been at the court , like i said I would be attending my first deposition .

    I've been requesting for jobs at temporary agencies , so my other question would be if they look for WC / disability in their background checks and how would that affect my employment.

    Please somebody if you have any info on this it would really help , I'm just about to go crazy money is pretty tight , and economy bad , I just need some guidance , i have tried lawyers and they dont answer clearly , you know they just want to open a case , and I just need to know what to do now .


    Thank you all for your help !!!

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Does My Wc/Disability Claim Appear at Background Check

    only litigated cases are part of public records.
    employers/carriers can pay to share their claims information privately among themselves.

  3. #3
    Join Date
    Oct 1971
    Posts
    3,192

    Default Re: Does My Wc/Disability Claim Appear at Background Check

    Take no action, like dropping the claim, proceed as if you know nothing.
    The only relevance would be if you have a disability that would prevent you from performing the job you're applying for, otherwise don't mention it.
    The only time you should be confronted with a past comp claim is if you get injured and file a new claim.

    A past comp claim may show up in a background check but they would have to be dam careful of what they do with the information.
    They could be setting themselves up for a retaliation claim is they rescind an offer due to a past workers' compensation claim.

    Here's the best explanation I've found.
    Workers Compensation Claim History may only be used if an injury might interfere with one's ability to perform required duties. The amount of information in the Workers Compensation Claim History varies from state to state as well as the laws impacting the use workers compensation claim history. Reports typically have: date of injury, time lost, employer during the time of incident, type of injury, body part and job related disability. Many state laws declare the employer may not rescind an offer due to a workers' compensation claim. Workers Compensation Claim History is considered to be health and disability related under the Americans with Disabilities Act (ADA). (42 USC 12101). In order to be in compliance with this federal act, an employer must NOT ask any questions about an applicant for employment that is connected with health and disability unless, and until, the employer has made a tentative job offer to the employee applicant or has made an actual job offer which is NOT tentative.
    http://www.mafscreening.com/workerscomp.html

    Here's an interesting discussion on this topic in an employers forum.
    http://forum.hrlaws.com/showthread.php?t=55998

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Does My Wc/Disability Claim Appear at Background Check

    My Doctor told me I could go back to work w/ temporary restrictions my employer would not take me like that ...Instead I had apply for same job at a different company ,
    When you are released to return to work with restrictions, your ER may provide a light duty/modified job...if not, you should remain on a TTD status. You are claiming you cannot do your job due to your injury, it would not be a good idea to apply for the same job elsewhere that you claim you cannot do... it could be interpreted as fraud. Even though that is not your intent.
    they told me the only way I would get my job back with be with no restrictions at all ,
    That would be fine, if you are going back to the same preinjury job...once you complete the PTP recommended treatment plan, recover to a MMI status, you may not have any permanent impairment, you would natually return to the job you had before injury.
    they have me as in on a Leave which is about to be due and Im afraid that if I go back they will do pretty much my life a hell so I've been thinking not going back .
    If you are eligible for leave under FMLA, that would provide job/ER paid benefits up to 12 weeks.
    A voluntary termination may adversely affect any additional benefits you may be due.

    i have tried lawyers and they dont answer clearly , you know they just want to open a case , and I just need to know what to do now .
    There may not be a specific answer to your questions... apparently the attys you have talked to feel there is a valid claim or they wouldn't want to accept you as a client.
    You can drop the claim at any time... that does not take away the fact you are claiming industrial/occupational causation to your injury, any treatment you seek you'd have to pay for out of your pocket.

    In any event, you should not apply for any job that is outside those restrictions your PTP gave you, until you treat/recover to a MMI condition.

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