If you have been injured at work, it may be a long road to recovery. After any workplace injury that requires you to seek medical attention or take time off work, you have the right to file a claim for workers’ compensation in the aftermath. As long as you file this claim in good time, you will likely be eligible for the complete coverage of any necessary medical costs and you will be able to recoup a portion of lost wages.
However, after you have recovered from your injury and successfully claimed damages through workers’ compensation insurance, you may be concerned about whether your employability has been affected as a result. All injured workers are protected from any form of retaliation after they have suffered an accident in the state of California. This means that they cannot be fired, denied a promotion or demoted because of the fact that they were injured.
Can I be denied a future job because I have been injured at work in the past?
All employees have a right to be hired based on merit in the United States. In the state of California, while it is not illegal to ask about previous workers’ compensation claims in the interview process, it may make an employer vulnerable to a discrimination lawsuit if they appear to be basing their employment decision on such factors.
If you believe that you have been denied work in the state of California because of a previous workers’ compensation claim, it is important that you take action and stand up for your rights.