Merely filing a workers’ compensation claim shouldn’t affect your future career. This is because it’s your protected right to file a workers’ compensation claim without fear of future retaliation or discrimination. Even so, your career could be indirectly affected if the work injury you endured results in disabilities that prevent you from performing certain job duties.
Despite legal protections, some employers may hesitate to hire individuals with a history of workers’ compensation claims. They might worry about potential future claims or perceive these candidates as higher-risk employees.
While these concerns exist, discrimination based on a workers’ compensation claim is illegal. Job seekers who face such discrimination can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).
Disclosing a Workers’ Compensation Claim
You aren’t required to disclose a previous workers’ compensation claim or any disabilities to a potential or new employer unless you require disability accommodation. Even if you volunteer this information, the employer can’t base a refusal to hire you on your injuries or previous workers’ compensation claims.
If you do offer information to a potential employer, it’s important to be truthful. Lying about a past claim or disability could lead to conflict should your employer discover the truth. Ultimately, discussing a workers' compensation claim can be tricky, and you should consider how to present your experiences positively and focus on your ability to perform job duties.
Medical Examinations & Job Offers
Some employers may require a medical examination after making a job offer to assess an applicant's ability to perform job-related tasks. This step must apply to all applicants for the same job, and people with a known workers' compensation history can't be targeted.
Employers must base their decisions on the results of the medical examination and the candidate’s ability to perform essential job functions, with or without reasonable accommodation.
Long-Term Career Impact
Due to the laws that protect employees with disabilities and those who file workers’ compensation claims, it’s unlikely that your long-term career will be adversely affected merely because you filed a workers’ comp claim.
It’s more likely that this chapter of your life’s story will only impact your long-term career if a work injury limits or prevents you from working in your previous occupation. Some injuries might limit the types of work you can perform, necessitating a career change or retraining.
In these cases, California offers a Supplemental Job Displacement Benefits voucher that you can use to help pay for educational retraining or skill enhancement from a state-approved or accredited school.
Submit Your Claim with Confidence
At Smolich and Smolich, we want you to know that you can submit your workers’ compensation claim with confidence. By working with our dedicated legal team, you can access the legal resources you need to move forward with this important process.
Filing a workers’ compensation claim is your protected right, and the odds of doing so affecting a future employer’s decision to hire you are low. You’re more likely to experience a change in your career path when your previous work injury prevents you from performing the work you used to do. If this is the case, don’t worry—we can connect you with the resources you need to move forward.
Learn more during a free initial consultation. Contact Smolich and Smolich today to request yours.