Legal Question in Workers Comp in California

I am having trouble getting a job. Are future employers accessing my work comp claim filed against my previous employer. One application I just filled out said work comp claims were part of their background check. Is this legal?


Asked on 10/14/09, 8:47 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

A present or future employer is not supposed to discriminate against you because of an industrial injury, but it occurs all the time and is dlifficult to prove. You are required to disclose all injuries or limitations that reasonably might effect your ability to carry out the duties of the job you are applying for but I think you do not have to reveal that it was in fact a WC case. Contact the Division of Industrial Relations to see what can be done. Sadly, I suspect the possible employer will be able to find out that someone with your name did file a claim even if they can not see any of the records.

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Answered on 10/15/09, 12:49 pm


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