Does Workers’ Compensation Affect Future Employment?
You are entitled to workers’ compensation if you have been injured or became ill due to your job. These entitlements can provide financial relief and medical benefits. But can receiving workers’ compensation affect your future employment?
In this blog, we will look at the potential impacts and misconceptions surrounding workers’ compensation claims and future employment opportunities. You need to know whether benefits, like vocational rehabilitation, can hamper your job outlook.
Misconceptions About Workers’ Compensation and Employment
For many workers, they believe if they file a workers’ compensation claim, it can put a negative mark on their employment record. In some cases, that could mean being “blacklisted” from future employment. However, these are only myths regarding these benefits:
One of the biggest concerns centers around retaliation. Some workers think that their employer will do something to get them to quit or lose their jobs. Remember that retaliation is illegal. Employers cannot take any hostile action against an employee for filing a workers’ compensation claim.
There are federal and state laws prohibiting termination, demotion, or harassment as the result of a legitimate claim. However, proving retaliation can sometimes be challenging. If you believe you are facing any adverse reaction to your claim, make sure to document any suspicious behavior or actions. You might be able to take legal action later.
Some workers might be worried that their future employers will learn about their past claims. In most cases, these claims are not part of an employee’s public employment record. Future employers cannot directly access this information unless the injury or illness has an impact on the candidate’s ability to perform their job. Keep in mind that there are privacy laws to protect workers from having to disclose sensitive health information during the hiring process.
What About Medical Restrictions?
Sometimes, a work-related injury or illness can lead to permanent medical restrictions or disabilities. Depending on the severity, these limitations may affect your job opportunities.
In some cases, if you have recovered fully or your restrictions are minor, you return to your previous role. However, if the injury limits your abilities, you may need to seek a job with modified duties.
Many workers’ compensation programs include vocational rehabilitation benefits to help injured employees transition to new roles if they cannot return to their previous jobs. This assistance can include skills training, resume support, and job placement services.
If your injury has resulted in a permanent disability, you are protected under the Americans with Disabilities Act (ADA). Employers must provide reasonable accommodations to qualified candidates with disabilities unless doing so imposes an undue hardship. However, some individuals may feel hesitant to disclose their disability for fear of being overlooked during the hiring process.
Searching for a Job After a Workers’ Compensation Claim
If you are in the market for a new job, there are steps to take to help in your search. These include:
Focus on Your Skills and Accomplishments
You will want to emphasize your qualifications, achievements, and work ethic in your resume and interviews. If your injury caused a large employment gap, you will want to provide a professional explanation.
Use Your Vocational Training
If you’ve participated in retraining programs, make sure to emphasize your newly acquired skills as a strength. You can show how these skills make you a valuable asset in your field or a new industry.
Know Your Rights
While on the job hunt, make sure to familiarize yourself with employment laws, such as the ADA and Family and Medical Leave Act (FMLA). With that, you can know your rights and understand how to request accommodations if needed.
Research Prospective Employers
Finally, you will want to seek out companies known for their inclusive hiring practices and commitment to workplace safety. These employers are more likely to value your experience and be understanding of your situation.
Your Future Employment
In most cases, receiving workers’ compensation should not prevent you from achieving your career goals. Many people recover fully and return to their previous roles or transition to new opportunities without lasting impact on their employment prospects. However, you will want to approach the situation strategically. Make sure to have a positive outlook. Plus, do not be afraid to take advantage of available resources, such as vocational training and legal help.
While concerns about the impact of workers’ compensation on future employment are valid, the reality is not bad. There are laws in place to protect workers from discrimination and retaliation. Most employers recognize the value of skilled, dedicated employees regardless of their history with workers’ compensation.
However, if you feel that your workers’ compensation has impacted your employment, you have the right to take legal action. At Work Injury Advisor, we can help you get the legal advice you need during this time. Contact us to learn how we can assist with your potential claim.