Workplace injury cases can take on a wide variety of circumstances. Many are relatively minor even when they result in lost time from work, and even moderate injuries can result in any injured employee returning to work in their prior position.
This is especially true in sedentary or low-impact manual labor jobs. These claims typically do not have a long-term affect on the injured worker. In fact, many still go on to better paying employment in the same line of work and recover as much as possible if not completely.
However, there are injury situations where workers are at least moderately injured and are still able to return to work, albeit at a reduced capacity. These are the injured workers who could experience problems with employment later in life, and especially when prior employers corroborate the injuries in an employment reference.
Here are a few things to remember when accepting a work injury settlement.
Disability Classification Matters
Individuals who accept a workers compensation settlement for a work related injury will often be disabled to some degree with respect to obtaining further employment. These medical issues are classified according to permanency and degree of severity. Those categories are:
- Temporary total disability
- Permanent total disability
- Temporary partial disability
- Permanent partial disability
Why Categories Matter
These categories matter because the injured worker could also be eligible for disability income in some instances. There is a possibility that some individuals who have settled their workers comp claim can later be approved for Social Security Disability Insurance or a private pension plan that may carry some future employment restrictions with respect to earning power and the type of employment being pursued.
Those who are placed on Social Security Disability Income, or SSDI, are limited in how much they can earn in addition to their government benefit, but their government benefit allowance is a permanent approval. Those with temporary benefit approval could be subject to reevaluation of benefit amount. In addition, those who are approved for Supplemental Security Income can be reevaluated each year, as SSI is effectively a temporary benefit program based on personal assets.
Injured workers must qualify for SSDI through the Social Security Administration based on the number of credits that have earned throughout their working career. SSI recipients cannot work in any manner if it generates taxable income.
Your Rights as an Injured Worker
While potential employers do not have a right to view personal medical records per the HIPPA law, they can still make hiring decisions based on a wide variety of other considerations. All they need is the information associated with a medical problem or a prior work related injury claim.
All applicants still have the claim of a reasonable expectation of a right to privacy regarding certain personal matters, with prior health issues being one of those privacy protections. However, many human resources professionals are trained in identifying potential future medical issues for new employees based on prior experience.
They do not always respect applicant rights or comply with the law aside from obvious requirements such as withholding and submitting tax deductions to the IRS. It is incumbent on the disabled potential employee to know their rights, and requests from a potential employer to waive a right to legal recourse for defamation by a former employer is a sure red sign of intention to circumvent legal rights of the applicant.
Workers Compensation and Public Record
Many employers will conduct a background check on all applicants that will include any legal problems or issues they have had in the past. All court actions are public record, but work injury claims are processed though a private system that is state-maintained.
Standard claims that go through the system are not public record until the prospective employer makes a formal offer of employment. There are workers comp cases that also result in a personal injury negligence lawsuit in a state court that will generate a public record of filing, but most settlements will also include a non-disclosure clause that stops any public record.
Claimant attorneys can then have the original filing expunged and there is no record to view publicly. This means it should not show up on any background check unless the expungement is not completed.
Can an Employer Ask if You Have Ever Filed a Workers Compensation Claim?
While there are some questions that an employer cannot ask during the employment consideration interview process, they can ask if you have ever been injured. The reason is simple. They have a right to know the truth about an employees physical or mental ability when making a decision to hire, and being truthful is always the best option.
It is not necessary to go into detail, so only answer what is asked. Employers are naturally curious about facts concerning potential employees because hiring workers consumes considerable financial resources, and ensuring they know your medical condition can matter if a prior injury is aggravated again.
Why You Need Aggressive Representation
It is important to remember that each comp claim for a work related injury is a unique set of circumstances that can have an impact on future employment, and especially for those who work in manual labor positions.
This means that each injured claimant should seek an experienced and aggressive personal injury attorney who is well-informed regarding employer negligence cases as well as workers comp consideration. Serious injuries with circumstances that could establish negligence on the part of the employer can result in lawsuits for long-term general damages for pain-and suffering associated with the injury. Employers are shielded from this liability in a standard injury claim.
Anyone who have filed workers compensation claims previously or are receiving disability benefits should always discuss returning to work with an attorney. Those who are qualified for benefits but still able to work should understand their legal rights within the system if they can continue to work as part of their daily routine.