If you’re injured on the job and your employer has the means to protect you, you may have the right to file for workers’ compensation. Some employees, however, are reluctant to take advantage of the recovery funds their employers may have at their disposal. Concerns about future employability can drive injured parties to pay their bills alone.
California employers cannot deny you employment based on your past use of workers’ compensation. If you find yourself contending with a wrongful denial of employment, you may want to consider partnering with a workers’ compensation attorney to bring an employer’s behavior into question.
Past employers cannot disclose information regarding whether or not you’ve benefited from workers’ compensation with your future employers. This means that you are the only person who can legally share information about your previous use of workers’ compensation. You are under no obligation to do so when interviewing or accepting a new position.
This means that future employers do not have the right to deny you employment, raises, or starting salaries based on your previous use of workers’ compensation. Any employer who attempts to do so may be in violation of California’s workers’ rights. In turn, you may be able to hold that party accountable for the misuse of private information.
You do have the right to apply for new jobs after enduring a workplace injury. A previous employer cannot stop you from pursuing new work, nor can they retaliate against you for taking legal action in the face of their negligence. Any attempt to prevent you from moving forward can be met with additional action from workers’ compensation lawyers.
Furthermore, you can control what information you choose to share on a new employer’s job application. You are under no obligation to share information about recent injuries or disabilities. Instead, you can work with professionals to determine what information you think is essential to a strong, honest, but reasonable application.
You can file for workers’ compensation immediately following a severe workplace accident. You can also request financial support if you suffer an illness spread by inappropriate workplace policies. Ideally, you’ll want to bring your workers’ compensation claim forward to an employer within 24 hours of your injury, but this is by no means a requirement.
If your employer doesn’t reject your claim within 90 days, you can assume the company can cover any accident-related expenses. Should your claim be met with resistance, you can contact an attorney for assistance pushing it through.
Workers’ compensation may not be as comprehensive as a civil settlement, but that doesn’t mean that you shouldn’t apply for it. Instead, workers’ compensation can directly address the medical bills, property damage, and lost wages associated with your accident. This support makes it easier to focus on your recovery instead of how you’ll have to pay your bills.
Your employers cannot legally hold your request for workers’ compensation against you. Nor can future employers use your previous use of workers’ compensation to deny you the right to employment. If you find yourself denied the opportunity to work for an employer based on previous benefits, you can contact attorneys for guidance.
KCNS Law Group can connect you with lawyers whose experience can help you file a lawsuit against an employer in the wrong. To schedule a case consultation, you can contact us by calling (818) 937-9255 or reaching out via our contact form.