Workers' Comp Investigator in Mobile, AL | ABM Investigations
Join Date Oct Posts 5, The only relevance would be if you have a disability that would prevent you from performing the job you're applying for, otherwise don't mention it. The only time you should be confronted with a past comp claim is if you get injured and file a new claim.
A past comp claim may show up in a background check but they would have to be dam careful of what they do with the information. They could be setting themselves up for a retaliation claim is they rescind an offer due to a past workers' compensation claim. Here's the best explanation I've found.
Workers Compensation Claim History may only be used if an injury might interfere with one's ability to perform required duties. The amount of information in the Workers Compensation Claim History varies from state to state as well as the laws impacting the use workers compensation claim history. Reports typically have: date of injury, time lost, employer during the time of incident, type of injury, body part and job related disability.
Many state laws declare the employer may not rescind an offer due to a workers' compensation claim. In order to be in compliance with this federal act, an employer must NOT ask any questions about an applicant for employment that is connected with health and disability unless, and until, the employer has made a tentative job offer to the employee applicant or has made an actual job offer which is NOT tentative.
This insurance is used to replace any wages that may be loss due to the injury or sickness. When Should You File a Claim?
This claim should be filed as soon as you become injured in order for it to be completely valid. Claims can also be filed if you develop a sickness that comes from working on the job.
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If there is a large amount of time between the injury and the claim this could serve as a red flag for the insurance carrier because the claim may seem like it is not real. Things may get more tricky if you are filing due to an illness or injury that happened over time.
If this is the situation for you, it is more important to get filed as close to the deadline as possible, especially if you left work to see the doctor about an injury. How Do You File a Claim? Claims should be filed within thirty to forty-five days of the accident or injury.
Employees should notify someone that is in some type of managerial position. Unfortunately however, some prospective employers will ask about previous workers compensation claims. Although in our view they can have no legitimate right to ask this, you should not lie in a job application. If you are dishonest on a job application and you are offered the job and later your employer discovers that you have not been honest, you may be subject to disciplinary action up to and including dismissal. If you are asked about previous workers compensation claims and you previously had claims for minor injuries which do not affect your ability to do the job you are applying for for example, a cut finger, a foreign object in the eye or a minor muscular strain , you should provide that information and specify that the injury in question has now resolved.
It is also unlawful for an employer or prospective employer to discriminate against employees or prospective employees because of a disability, unless that disability makes the employee or prospective employee unable to undertake the inherent requirements of the position in a safe manner.
It relates to Australian Federal legislation. Andersons Solicitors is a medium sized law firm servicing metropolitan Adelaide and regional South Australia across all areas of law for individuals and businesses. Home About What's new?