Legal Question in Workers Comp in California

You are free to apply for any job that you are able to perform, and you are not required to disclose your prior workers' compensation claim in your application unless you are specifically asked that question by your prospective employer. Your prospective employer is also free to inquire as to your physical ability to perform the job for which you have applied, and to ask whether you have any physical or medical restrictions that might preclude you from performing the job. If the restrictions imposed by the residual effects of the injury are something that can be accommodated without undue burden by the employer, the employer has an obligation under the law to accommodate those restrictions if you are hired. The law requires that your employer not discriminate against you on the basis of disability, however, proving that you are denied a job because you have a disability will be difficult in most cases.