How Does a Workers’ Comp Claim Affect Future Employment?
Employees who suffer an injury while they are on the job are sometimes eligible to file a claim for workers’ compensation benefits in California. These benefits are typically awarded without regard to fault, and you should be able to recover these benefits regardless of how your workplace accident occurred. Moreover, new employers are not supposed to retaliate against you or discriminate against you in any way because you filed a workers’ compensation claim at a prior job. They are also not supposed to ask about prior workers’ comp claims during the job interview process.
An experienced workers’ compensation lawyer in Garden Grove will be able to explain all of your legal rights. Your attorney will also work to ensure that you get the benefits you deserve as part of any workers’ comp claim that you file.
Recoverable Benefits in a California Workers’ Compensation Case
Employees who suffer one or more injuries or illnesses while on the job can recover several types of workers’ compensation benefits, depending upon the circumstances of their accident. Other factors include the nature and extent of the injuries which the worker suffers, along with the cost of any medical treatment rendered. For example, after a workplace accident, the injured worker might need to treat at a hospital emergency room, with a medical specialist (such as an orthopedic doctor), and/or with a physical therapist. Those related medical costs are compensable as part of a California benefits claim.
In addition to medical expenses, injured workers might also be able to recover a portion of their lost wages. They could also recover various types of permanency benefits in the event they suffered one or more permanent injuries in their workplace accident. A worker suffers a permanent injury when he/she reaches a level of maximum medical improvement, and the injury is expected to cause symptoms, pain, and suffering for the remainder of the worker’s life.
Some permanently injured workers may even be eligible to recover vocational rehabilitation benefits to help get them back on their feet and seek out new employment in a different line of work. A California workers’ compensation attorney near you can review your circumstances, determine your benefits eligibility, file a claim, and work to maximize the amount of the benefits that you’re able to recover.
Workers’ Compensation Claim History
The fact that you have a pending or prior workers’ compensation claim should not have any impact upon your future employment prospects. Specifically, the Americans with Disabilities Act discourages employers from considering a job applicant’s prior history of workplace accidents or workers’ compensation claims. In addition, if you are on a job interview and a prospective employer inquires about your prior history of workers’ compensation claims, you should not answer the question.
If you are injured while on the job, an experienced workers’ compensation lawyer in California can determine your eligibility for benefits. If you satisfy all of the eligibility requirements, your lawyer can file a claim on your behalf and work to maximize the benefits that you are able to recover through the workers’ compensation system.
