For an injured worker, navigating the workers’ compensation system is a scary experience. Perhaps one of the most daunting thoughts for many people is how filing a workers’ compensation claim could affect their future job opportunities. Even with the confusion, Newport News workers’ comp lawyer considering or already seeking workers’ compensation benefits must be fully aware of this important distinction. Workers who suffered an injury on the job this year have many concerns about whether filing a claim could come back to haunt them years from now when applying for a new Chapter 7 or 13 bankruptcy as workers’ compensation claims can be complicated.
Workers’ Compensation Explained
Workers’ compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment. Employees give up their right to sue their employers for negligence in return for these benefits. An injured worker is assigned to a work financial treatment and help it needs to recover Ideally as well as possible.
Future Employment Worries
The biggest issue, according to workers with a claim is that they will be pegged as a high-risk hire by their next employer. While some employers may take such a view of workers’ compensation claims to be based in reality (indicative of possible injury recurrences, or perhaps even litigiousness) it is not without its basis. This can create a lot of stress for an injured worker who is looking to go back to work or wants to find a new job.
Worker Legal Protections
However, multiple legal provisions are in place to prevent discrimination against workers who or claiming for workers’ compensation. According to the Virginia Occupational Safety and Health Act, an employer may not retaliate against an employee for filing a workers’ comp claim. This law prohibits an employer from firing, demoting or refusing to hire a person based on workers’ compensation history. The ADA also protects workers who suffer workplace injuries, as it requires employers to provide reasonable accommodations for employees with disabilities and prohibits employment discrimination based on disability status.
Workers Compensation Claims Disclosure
While employers are generally not permitted to ask about your workers’ compensation history or inquire into specific medical conditions during the job application process, they may ask about your ability to perform the job duties. In disclosing your history of injuries, you need to be truthful but also tactful. Concentrate on your recovery and be prepared to do the job you take Consent from a friend before responding: consider having someone read an email response or have someone listen in on a phone call with a decision maker. If questioned about employment gaps, you can say took time off to heal from an injury but do not need to get into specifics about the workers’ compensation case.
Mitigation for Future Employment Benefits
- Emphasize your skills and experience: While applying for new jobs, ensure that you showcase your skill sets, experience, and any recent additional qualifications or training achieved. Showing potential employers that you are an asset will alleviate any concerns regarding your previous injury.
- Help from career services: Check out some of the career services and resources offered in Newport News. You can also get assistance from local job placement agencies, vocational rehabilitation services, and career counselors to find a job.
Filing a workers’ compensation claim may bring worries about whether one will have a job to come back to, but remember there are laws in place that prevent discrimination. You will minimize the impact of your illness on yours, make the most of your skills and experience and continue to build a career in care by using other resources.
