Are you looking for a new job and are worried that a past workers’ compensation claim may make you look like an undesirable hire to an employer? Or have you been injured and are concerned that filing a claim could affect your future opportunities? Many people have concerns about how a workers’ compensation claim may affect job offers and whether it will appear on a background check.
Does a workers’ compensation claim appear on a background check?
Yes. A claim will appear on some background checks. However, the employer only has access to the records after a conditional offer has been given. They cannot use the history of workers’ compensation claims as part of a pre-screening for employment offers.
What information from the claim will show up on the background check?
- Date of Injury
- Some body parts claimed
- Employer at time of injury
- Insurance carrier/administrator involved
- Any law firm involved
Can the employer use the past claim to rescind the conditional job offer?
No. Title I of the Americans with Disability Act of 1990 “prohibits private employers, State and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.”
It is discriminatory to penalize a person for exercising a lawful right of filing a workers’ compensation claim. If an employer retracts an offer because of your workers’ compensation record, it could open the employer up to liability. They could face serious fines and even criminal charges.
Can the employer use the disability found on the claim to rescind the offer?
If the lasting effects of the injury might interfere with your ability to perform the job as outlined in the job description and offer, then the employer can use that information. Do not misrepresent your capabilities if a disability will actually prevent you from being able to carry out the job.
Can I just leave off the job where I filed a workers’ compensation claim from my application/resume?
This is not advisable. While a potential employer cannot use a workers’ compensation claim to discriminate against you, they may consider leaving the job where you filed a workers’ compensation claim off of your application/resume as falsification. Falsification of an application is grounds for rescinding the job offer.
Do I need to address my medical history or past workers’ compensation claims with my potential employer?
No. If the medical history does not affect your current or future ability to perform the job you have been offered you do not need to discuss it if the employer brings it up, nor do you have to bring it up on your own. It is not their business.
If you have any other questions regarding a workers’ compensation claim and its presence on a background check, feel free to reach out to Injury Compensation Law, PC today! If you have been injured and are looking to file a claim, we can assist you in getting the compensation you deserve. Contact us for a free consultation!
