Some employers have more integrity than others, and pressure from employers is one of the leading reasons why some employees fail to file workers’ comp claims.
Unfortunately, not all employers view workers’ compensation claims in the same light. Some employers have more integrity than others, and pressure from employers is one of the leading reasons why St. Louis employees fail to file workers’ comp claims.
Understandably, you may be hesitant to bring up your past workers’ comp claim to a potential employer. You have no way of knowing how they’ll take it and if they may suspect you are physically or mentally unable to complete the tasks required for the job. It is important to know that you have legal protections when applying for a new job.
What Employers Can’t Ask
The one thing that every employer does have the right to ask job applicants is whether they can complete the day-to-day functions of the role they are applying for. It is important to be as open and honest in this regard, as lying about your physical condition may jeopardize any future St. Louis workers’ comp claims you might need to make.
Here are the things that an employer generally can’t ask during the job application process:
- Whether you have any medical conditions, mental issues, or physical disabilities
- Whether you have suffered any injuries or sicknesses in the recent past
- Whether you have filed a workers’ comp claim in the past
Most jobs will require a background check before the official onboarding process. It is possible that during the background check process, your past workers’ comp records could be obtained by your future employer. Unfortunately, your legal history will always be subject to background checks, but this is not a reason to worry.
Your workers’ comp claim history will generally only become available to your future employer after they have offered you a job. Employers cannot withdrawal a job offer based on past workers’ comp claims. Doing so could result in a lawsuit.
What You Should Do
In general, you should be open and honest with your future employer. Being honest about your past struggles will likely impress your future employee. Everyone wants an honest worker.
You should also avoid talking down about your former employer. Bitterness is not a desirable trait to have in a new employee. When in doubt, be honest, but always be respectful.
If you have been injured on the job or have face workplace retaliation due to filing a workers’ compensation claim, get in touch with an experienced workers compensation attorney at the Law Office of James M. Hoffmann as soon as possible for a free consultation.
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