Can A Potential Employer Ask About Past Claims?
If you’re considering pursuing a workers’ compensation claim, you may be asking how having a claim on your record affects your future job prospects. You may already know that your current employer is forbidden to retaliate against you for filing a claim. However, how are you protected from future employers regarding your workers’ compensation record?
Simply this: potential employers are forbidden to ask you about prior workers’ compensation injuries during the interview process.
The Americans with Disabilities Act (ADA) of 1990 illegalizes employment discrimination against qualified individuals with disabilities. If you are able to do the job you’re applying for, your workers’ compensation claims in the past do not matter. Regardless, employers might attempt to limit their own liability by hiring workers without any history of workers’ compensation claims.
You should know it is illegal to refuse employment to a qualified worker on those grounds. While your workers’ comp lawsuits will be public record, any disabilities or long-term injuries are not privy to potential employers. You will always have the right to fair and equal treatment by companies and hiring managers.
If you’re considering filing a workers’ compensation claim, consult the Concord workers’ comp lawyer at The Law Offices of Darrin M. Gamradt, P.C. He can answer your questions regarding the implications of a claim, what might result from filing, and how your rights are protected throughout the process.
His workers’ comp experience includes legal representation both for and against major insurance companies, providing the firm with unique insight into workers’ compensation claims.
Call (888) 372-1301 today for a free, no-obligation consultation. Get the answers you need!