An on-the-job injury can leave an employee unable to work for an extended period of time. Even if you anticipate returning to work eventually, you may be concerned about how filing a workers’ compensation claim could affect your employment in the future. Filing a workers’ compensation claim should not have any impact on your future employment. Recovering compensation following a work injury is your right as a worker.
Disability Classifications
Workers’ compensation cases often involve a classification of the injury victim’s disability level: Temporary total disability, temporary partial disability, permanent total disability, or permanent partial disability. Injured workers sometimes worry that this classification will define their working ability forever, but this is not the case.
The purpose of these classifications is only to determine the level of injury caused by a work accident, and its effect on their ability to work. It will not necessarily define your ability to work once you have healed from the work injury, and therefore should not impact your future employment.
Alternative Work and Modified Work
When a work injury victim returns to work following an on-the-job accident, they may participate in alternative work or modified work. Whether or not an injury victim will need to continue working in an alternative or modified capacity will depend on the severity of injury. It’s possible that the adjustments to your job will only last until you recover from your injury.
Your Rights as an Injured Worker
Filing a workers’ compensation claim should have no effect on your future employment. Recovering compensation following an on-the-job injury is your right as a worker. If you have been denied employment for a reason that is related to a past workers’ compensation claim, the employer has violated your rights. It is possible that an employer may learn of your workers’ compensation case from other sources. However, you have no responsibility — legal or otherwise — to disclose that you have previously filed a workers’ compensation claim when pursuing employment.
Additionally, it is not legal for your current employer to fire or discipline you because you have filed a workers’ compensation claim. Any kind of retaliation that is related to your workers’ compensation claim is a violation of your rights.
For dedicated representation in workers’ compensation case, contact Christian & Christian today. We can help you recover the benefits you deserve and will protect your rights.
If you are interested in speaking with our legal team, complete our contact form or call (864) 408-8883 to schedule a free consultation with our attorneys.