When you get hurt while at work, it can sometimes be difficult to know how to handle the next few steps after the injury. However, the workers’ compensation protocols are specifically designed to help you cover medical care, expenses, and even some of your income if you suffer an illness or injury because of work.
The workers’ compensation attorneys at Edward Bernstein and other top law firms know their way around workers’ compensation rules and how much you might be eligible to receive if you get hurt or injured while at work in U.S.
Is it Mandatory for Employers to get Workers’ Compensation Coverage?
Absolutely. The United States of America, with very few exceptions, requires all employers to get workers’ compensation coverage. The legislation also dictates that types of benefits and the calculation of such should be the same for all employers in the U.S., regardless of the insurance provider or company they use.
Workers’ compensation coverage can be offered via:
- Private insurance companies
- Self-insured employers
- Self-insured employer associations and groups
Can New Employers Access Your Previous Workers’ Compensation Claim?
While a new employer can’t legally see your previous workers’ compensation claims, they can do their own little background check on you. And even though the initial claims aren’t public records, appealed claims are. So what does a new, potential employer have access to?
A background check might reveal previous compensation claims that were denied and then found their way to the appeals board. It might also reveal the legal action that your former employer took against you. A potential new employer can look at your records regarding workers’ compensation via the WCAB only if you can’t perform your requisite job duties because of the injury.
Future employers can get access to your workers’ compensation records after they give you the job. However, it is illegal for them to take back the offer based on fears of future injury or increased insurance premiums. If an employer were to withdraw or rescind a job opportunity based on the factors mentioned above, this is grounds for a lawsuit and is hiring discrimination.
Can You Still Work While Making a Claim?
You can receive workers’ compensation benefits and still continue to work; however, if your PTP (primary treating physician) gives you certain restrictions, both you and your employer must abide by those restrictions.
For instance, your PTP might put limits on how long you can work, how much weight you can carry, and the duties you can or cannot perform, among other things. Or they can sometimes even say you can’t work at all until your injury heals completely. If your employer is unable to accommodate these restrictions, you won’t be able to perform any job duties until your primary physician modifies or lifts them altogether.
Do Not Limit Future Employment Opportunities
Most employers are well aware that workers’ compensation coverage is a standard business expense and that it is there to protect all the people involved in an accident. If you’ve got a prior legal claim, prospective workers should never hold this against you. A lot of the time, having this kind of compensation claim on your record will not limit any of your future job opportunities.
However, there are a few things you can do when filing a claim that can help increase your appeal to potential new employers. For starters, no matter how you feel about the last employer when filing a claim, avoid personally attacking their reputation and integrity. Vindictive or negative actions or remarks during the filing process can end up working against you in the future.
