Can My New Employer Find Out If I Filed for Workers’ Compensation in the Past?

If you have suffered work-related injuries in the past and filed for workers’ compensation, you might be worried that this could be frowned on by future employers.

Looking for a new job is stressful enough. You have to go to interviews and wait for a response from prospective employers. Similarly, being a new employee and still adapting to the new environment can be quite difficult too. If you have suffered work-related injuries in the past and filed for workers’ compensation, you might be worried that this could be frowned on by future or new employers. 

Can your new employer find out about your workers’ comp claim while doing your background check, and if so, how does that affect you?

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Will the New Employer Know About Your Claim?

In many states, workers’ compensation records are public, and they might turn up when your new employer does a background check. However, in most states, including Missouri, these records are explicitly excluded from being accessed by the public, particularly by any party that is not involved in that specific case.

Your potential or new employer is not allowed by law to ask you about your health unless the job you are applying for has specific requirements that include a health check before being employed. This being said, let’s move on to what approach gives you the most benefits in the long run.

Do You Need to Tell Your Employer About Your Past Work Injury Claims?

If your employer asks about past injuries and potential limitations that could directly affect the job you’re applying for, it’s important to be honest about it and very clear about what limitations you might have because of your past injuries. 

Denying a past injury or certain limitations you have now can backfire rapidly if you get hurt again, as your new employer might get out of paying a settlement since you have specifically denied having any trouble with performing the job. 

In an ideal world, an employer would not be able to refuse to hire you because of a past injury claim. The only reasonable scenario in which you would be denied the job based on filing a workers’ comp claim in the past would be the inability to perform the present job due to the injuries.

Not Sure What to Tell Your New Employer?

If you want to be certain that you are disclosing only the necessary information and not something you’re not required to answer, speak with your Missouri workers’ compensation attorney. You can also call your local workers’ comp office and ask about the accessibility of the records if you’re not sure of the situation in your state. 

Missouri Work Injury Lawyers

To conclude, new employers generally should not require health-related information about you unless the job is directly affected by that. However, when it involves your ability to perform the job you are seeking, it’s important to be honest and avoid hiding your past injuries.

Get FREE Legal Advice

Call today to speak with an experienced Missouri workers compensation attorney!

Call (816) 399-3706
Updated: April 23, 2021

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