How long does a workers’ compensation claim stay on your record?

If you’ve been injured on the job in the past and filed a Workers’ Compensation claim, you know about treatment, recovery, and the paperwork involved. Depending on the circumstances and severity of your injury, and the geographic location of your workplace, certain laws will likely apply to your situation. If it happened that you had to hire legal representation to receive your benefits, it is likely that you had to resolve a conflict with your employer. The question now is, does the claim stay on your “record” and will it negatively affect your future employment?

It’s natural to feel concerned, as a prospective employer may view such a statement in a number of ways:

  • A claim can put you in a less favorable light if you are running for a position against candidates who have not been injured. An employer who suffered a bad experience with one worker and one claim may be hesitant to risk another, even if reasonably healthy.
  • Notification of a claim may lead others to believe that you are not physically fit for the job for which you have applied. This may make sense if your injury had been serious.

Your “record” will always show that you made a claim. Insurance companies use a computer database capable of storing the basic data of your claim, and that database is never deleted. Only insurers have access to this information.

Potential employers may find out about your claim if you (1) tell them; (2) check references and are told; or (3) obtain, with your consent, prior medical records. Typically, when the physical condition is part of obtaining the job, a prospective employer can request a release that allows them to obtain your past medical records. It will tell them who your family doctor or primary care doctor is and any other health care you have received. The requested period may vary, but five years is the norm. So if your claim was 15 years ago, it’s very unlikely to show up.

What should you do?

The idea that you could be turned down for a job based on a previous Workers’ Compensation case may worry you, but realistically, unless you’re still injured and unable to perform the new job, there’s probably no cause for concern.

If you’re asked this on a job application, my advice is to be honest. When you stay honest about your story, you have a better chance of advancing your efforts.

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