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It is wrong for a prospective employer to deny a candidate a job because of some workers' comp claim they made in the past. Workers' compensation history affects future employment prospects.
An applicant that believes their prospective employer is denying them an opportunity because of a previous workers' comp claim should reach out to Larrimer & Larrimer. Our attorneys have experience with how histories of workers-compensation affect future employment opportunities.
Workers' Compensation Law
The Social Security Office of Policy in the United States allows states to regulate the workers' compensation programs available to employees. The state manages the program and ensures that institutions follow them.
A future employer can ask a job candidate several questions. Legally, these should not include questions about an injury the interviewee sustained earlier or if they received workers' compensation benefits. The laws prevent discrimination based on a person's work history or claims received.
Employers on the other hand can ask questions that absolve them of any liability for a worker's actions. An employee who lies about their capability to do a job safely loses all rights to workers' comp benefits should they get injured.
Rights to Workers' Compensation Claims
Employees have the right to file a claim for workers' compensation benefits if they sustain an on-the-job injury or illness. This claim is only valid when they can prove that their condition is due to negligence or recklessness by a coworker, employer, or third party. These benefits help support workers for lost wages while they recover from their injuries. They also provide support for employees that lose their ability to work because of injury.
Since this is a right of employees, it cannot be used to assess a person in the hiring process.
If an individual feels they were denied a job opportunity because of their workers' comp history, they should immediately contact the best workers compensation attorney in Columbus to discuss legal actions.
Larrimer & Larrimer has been fighting for injured workers for years. This person can contact them to schedule a free consultation on what to expect in the filing process.
Filing a Workers' compensation Claim
The filing process for workers' compensation claims is similar across states in the US. Below are steps for filing a workers' compensation claim:
First, the person should get medical treatment for their injury or illness on the job.
They should inform their employer about the injury or illness. It is best if this is done in writing, within the appropriate time frame according to state laws.
Before filing a workers' compensation claim, an employee should check the regulations available to know the right processes to follow.
Workers' compensation attorneys from our firm can help these individuals understand their rights and legal options. We offer a free consultation with an experienced workers' compensation lawyer to help injured workers file claims.
Can an Employee Get Fired or Face Adverse Employment Action for a Workplace Injury?
An employee is cannot fire an employee for filing a workers' compensation claim. They can't also deny a person employment based on a prior workers' compensation claim.
Firing a worker or denying a person work opportunity is considered retaliation if they are for the following reasons:
The person reported an injury or illness
The person filed a workers' comp claim
The person won a workers' comp claim
The person is receiving workers' compen benefits
Our firm helps protect workers who feel they are facing such retaliation from their employees. We have helped secure future employment opportunities for people with a previous workers' compensation claim.
Contact us for a free case review.
Why Choose Larrimer & Larrimer for a Workers' Compensation Claim?
At Larrimer & Larrimer, we help protect a worker from their former employer who might want to ruin their future job prospects in retaliation for a previous worker's comp claim.
Our experienced workers' compensation case lawyers help employees file claims the right way. They can also help provide answers to important questions such as if an employee can travel out of country while on workers comp or if they can retire while on workers comp.
We have recovered millions of dollars in benefits for employees who have sustained the following work-related injuries:
Concussions
Head, back, and neck injuries
Traumatic brain injuries
Burns and electrical injuries
Fractures
Losing a limb or amputation
Vision loss
Wrongful death
We help assure employees that their workers' comp. records will not affect any new job they apply for.
Talk to an Experienced Workers' Compensation Claim Attorney
Prospective employers are not supposed to deny job candidates a job offer after discovering a workers' comp case during background checks.
People who believe their prior claims may affect future employment opportunities should not waste time reaching out to our firm. Call us at (614) 820-1855 to schedule a free consultation with our attorneys. We are ready to guide others through the workers' compensation system.