Page 1 of 2 12 LastLast
Results 1 to 10 of 12
  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Default Can I Co See if You Filed a Workmans Comp Claim when You Apply for a New Job?

    hi im an injured union worker that got hurt on the job i just recently had surgery and now im back too work i did get a lawyer, im currently back at work but im curious if the new co im workin for will find out i filed a workmans comp claim? can they find out when they check my social sec number??

  2. #2
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: Can I Co See if You Filed a Workmans Comp Claim when You Apply for a New Job?

    if your claim was litigated they can go to the work comp courts database and put your name in to check or they can ask your prior employer/

  3. #3
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,856

    Default Re: Can I Co See if You Filed a Workmans Comp Claim when You Apply for a New Job?

    They cannot use the fact that you filed a work comp claim as a reason not to hire you, or to fire you.. if they do there can be legal ramifications. I disagree that your previous employer can release that information in California.

  4. #4
    Join Date
    Jul 2008
    Location
    ca
    Posts
    857

    Default Re: Can I Co See if You Filed a Workmans Comp Claim when You Apply for a New Job?

    If you are a union worker that works out of the union hall, I doubt they do that kind of background check on anyone.
    Never doubt that a small group of thoughtful, committed citizens can change the world...indeed...its the only thing that ever has - Author Margaret Mead

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Can I Co See if You Filed a Workmans Comp Claim when You Apply for a New Job?

    The new ER cannot request the information from you, prior to a offer of employment.
    But if they do a backgound check...eg insurance purposes, the claim will appear.

    As kelly, and Gypsy said, this cannot be a condition of employment.
    If you are not making application for a position that is outside the restrictions placed on you by your PTP, you shouldn't have a problem.

    In Calif, the ER takes you 'as is'. IF there were to be a new injury/claim, those issues would be addressed at that time, as necessary.

  6. #6
    Join Date
    Oct 1971
    Posts
    5,054

    Default Re: Can I Co See if You Filed a Workmans Comp Claim when You Apply for a New Job?

    It's hard to take someone "as is" if they're being deceptive, they have a right to know "what is"
    Laws differ from state to state but the way I understand it you have to disclose any prior injuries or claims, they could say you deceived them and fire you.
    Most applications ask if you have any physical limitations that prevent you from performing the job and if you ever had a worker comp claim or settlement and for what.
    There's no law that I know of that says they can't protect their interest, these questions are certainly relevant to a liability they may be assuming.
    You have to be honest with them, if you're conceiling any medical conditions or prior claims it relieves them of responsibility if you get injured, it's all public record, you won't fool them.
    No, they can't fire you for having a past claim, but they could fire you for being dishonest and deceptive.
    This is all public record, it's no big deal to find out
    Be carefull
    Tony
    Last edited by tony; 02-22-2009 at 07:49 PM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
    Join Date
    Jul 2008
    Location
    ca
    Posts
    857

    Default Re: Can I Co See if You Filed a Workmans Comp Claim when You Apply for a New Job?

    If he is a union worker dispatched out of the hall, he will not fill out an "application". If no one says anything, why bring it up? As BvIA stated, as long as its in your restrictions.
    Never doubt that a small group of thoughtful, committed citizens can change the world...indeed...its the only thing that ever has - Author Margaret Mead

  8. #8
    Join Date
    Oct 1971
    Posts
    5,054

    Default Re: Can I Co See if You Filed a Workmans Comp Claim when You Apply for a New Job?

    If that's the case, then it isn't a "new employer".
    No, I wouldn't "offer" anything but by the same logic I wouldn't hide anything if asked.
    The op is being vague, but by his questioning, he's implying he's concealing his circumstance and is "curious" about them "finding out"
    Honesty is the best policy....
    Last edited by tony; 02-22-2009 at 08:01 PM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  9. #9
    Join Date
    Jul 2008
    Posts
    32

    Default Re: Can I Co See if You Filed a Workmans Comp Claim when You Apply for a New Job?

    Hi Nolanp:

    It's my understanding of the ADA and California's Fair Employment and Housing Act that employers are prohibited from asking about medical conditions/disabilities, no matter how someone got the medical condition/disability.

    They can however, ask if you can perform the essentials functions of the job, with or without reasonable accomodations.

    This means that if you have a work restriction as a result of a medical condition/disability that is covered by either Act, then your employer must accomodate that restriction, unless it would be an undue hardship to provide that accomodation.

    Your employer can not ask how you got a medical condition/disability, they can only what limitations, if any, you have as a result, and what accomodations you need.

    If you go to the Employment section of this Forum, you will find information about both state and federal laws.

  10. #10
    Join Date
    May 2009
    Posts
    3

    Question Re: Can I Co See if You Filed a Workmans Comp Claim when You Apply for a New Job?

    I settled a WC claim 17 years ago...now I want to get back into the same industry, but seem to be getting turned down for employment everywhere. I am more than qualified because I have been self-employed doing similar work. I have no restrictions now, but I want to know if somehow I have been blacklisted. I have never been asked if I had a claim or am/been disabled...but I also don't see the need to disclose that if I no longer have restrictions. Is there a way current employers can check that far back into WC history?

Similar Threads

  1. Who Denies Your Workmans Comp Claim
    By GAchristy in forum Georgia
    Replies: 5
    Last Post: 06-08-2009, 11:02 AM
  2. Counterclaim Filed Against Workers Comp Claim
    By confusedninpain in forum Massachusetts
    Replies: 3
    Last Post: 12-01-2008, 01:29 PM
  3. Arbitration For A Workmans Comp Claim
    By Wenthia in forum Illinois
    Replies: 3
    Last Post: 01-29-2007, 09:58 AM
  4. Filed Workers Comp Claim, Then Fired!
    By wwotr in forum California
    Replies: 4
    Last Post: 01-28-2007, 01:05 PM
  5. Employer Has Not Filed Comp Claim
    By rebeldude1129 in forum Tennessee
    Replies: 1
    Last Post: 06-05-2005, 03:24 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer