Many people are afraid to find a new job after receiving workers’ compensation. They fear employers will look at their past experiences and no longer want to hire them. If you’re worried about your job application, you probably want to know whether workers’ comp can appear on a background check.
What Do Employers See?
In some states, workers’ comp forms are public record. California is not one of those states. Your record is off-limits to everyone except you, the court, and your former employer. Your new employer can only see your workers’ comp record after they’ve sent a conditional job offer.
Most importantly, it is illegal for employers to retract a job offer because of your workers’ comp record. If they do, they could face serious fines and even criminal charges. However, most employers don’t even look at workers’ comp records for one very important reason.
What Can Employers Do?
The Americans with Disabilities Act makes it extremely risky for employers to look at a prospect’s workers’ comp claim. If an employer found out you had either a short-term or permanent disability, they could face a discrimination claim if they don’t hire you.
Title 1 of the Americans with Disabilities Act protects qualified individuals with disabilities from discrimination in hiring. Businesses know that it’s better not to look at an employee’s history because they open themselves to financial or even criminal liability.
If an employer asks about your workers’ comp history after you’ve been hired, you do not have to explain yourself. If they don’t bring it up, don’t mention it. Your medical history is not their business.If you or someone you love suffered serious injuries from a workplace accident, you might have a case. If you’d like to schedule a free case evaluation with an experienced Los Angeles workers’ comp attorney from Hinden & Breslavsky, please send us an email or call (323) 553-7560.