Content reviewed by:
Alex Shulman
Workers’ compensation is a type of insurance employers must procure to cover employees’ workplace injuries or illnesses. It can be a crucial resource for financial support to employees who cannot work because of their injuries. Workers often worry about the potential implications of receiving workers’ compensation benefits on their employment. So, does workers’ compensation affect future employment?
While workers’ compensation usually does not affect future employment in New York, there are some considerations you should weigh. Read on for more details from Shulman & Hill’s workplace injury lawyers.
Workers’ Comp Will Not Impact Employment
Workplace injuries are very common, with over 4.5 million work-related medically consulted injuries occurring in the United States annually. Workers’ compensation exists to protect employees in these situations.
Most employees qualify for workers’ compensation benefits after a workplace injury regardless of who is at fault for the accident. As such, employers cannot hold it against an existing employee for seeking benefits. In addition, prospective employers cannot refuse to hire someone based on their previous workers’ compensation claims.
Workers’ Compensation Laws
Workers’ compensation coverage in New York pays for medical care and lost wages when someone suffers a work injury or job-related illness. New York law requires virtually all employers to provide workers’ compensation coverage to employees, including full-time, part-time, temporary, and seasonal employees, regardless of citizenship status.
Fault does not come into play in workers’ compensation claims, so compensation is available no matter who caused an employee’s injury. The system prevents employees from suing their employers in exchange for guaranteed coverage. You have a legal right to receive these benefits if you meet the eligibility criteria.
New York workers’ compensation laws also prohibit employers from retaliating against employees for filing claims. This means your employer cannot fire you just because you have filed or plan to file a workers’ compensation claim. If your employer improperly terminated you for workers’ compensation reasons, the state Workers’ Compensation Board will order them to rehire you and pay any lost wages.
Notably, the law does not generally require your employer to keep your job open for you. So, while they cannot retaliate against you, they also do not have to keep a position available for when you are medically cleared to return to work. However, hiring is an expensive and time-consuming process. Finding the right candidate is not easy. Thus, many employers hold jobs for injured workers even though the law doesn’t require them to.
Laws Regarding Future Employment
Filing a workers’ compensation claim should not affect your future employment prospects under federal law. It is illegal for prospective employers to discriminate against applicants with a disability. This is true even if the condition arose from a previous work injury. Employers also cannot ask you if you have received workers’ compensation.
Prospective employers may only ask ability-related questions that allow them to determine if the applicant can perform the essential job functions. If your prior workplace injury prevents you from performing these functions and no reasonable accommodation is available, the employer may choose not to hire you. That is one of the only potential negative impacts of workers’ compensation, but it stems from the effects of the injury rather than the claim.
Additionally, employers may only require applicants to answer particular medical questions or pass a medical exam if the requirements apply to all prospects for the same job on the condition of a job offer.
Can an Employer See Previous Workers’ Compensation on a Background Check?
The answer to this question depends on whether or not the employer has hired you yet. Workers’ compensation records are private in New York. Only people involved in the case may see them without authorization. While you can give written permission for someone else to see your workers’ compensation records, this only applies to a specific person for a particular reason.
A prospective employer cannot view your workers’ compensation records before hiring you. You may give written permission for them to view your records, but they cannot base their decision to hire you on your workers’ compensation history.
Shulman & Hill Can Assist With Your Workers’ Compensation Questions
Workers’ compensation is your right as an employee in New York, and any effects on your employment prospects may be considered discrimination. If you have been injured at work, our workers’ compensation lawyers are here to help.
Shulman & Hill is a trusted name in New York workers’ compensation law. We can help you understand your rights and fight for any benefits you may be entitled to. Contact us online or call 212-221-1000 to schedule a free consultation today.
