Applying for New Jobs After A Workers' Compensation Claim

Is it Hard to Get a Job With Worker's Compensation Benefits?

If you’ve been injured on the job and are going through the process of filing and receiving compensation through your employer’s workers' compensation insurance, you may be worried about finding a new job. The employment application and interview process can be stressful for anyone, but you may have some unique concerns as an injured worker. 

If you have not yet sought out assistance for your workers' compensation claim, you may want to consider contacting an attorney who may be able to assist you through the process.

Things to Consider When Returning to Work After an Injury

The first thing in applying for a new job during or after a workers' compensation claim is to make sure you have clearance from your doctor or medical office to return to work. Returning to work without medical authorization may endanger or invalidate your worker’s comp claim. Due to the injury you suffered, you may find that you have impairments which prevent you from returning to the same kind of employment you were engaged in before. For example, a construction worker with a back injury will probably not be advised by a doctor to return to any employment which requires lifting. Make sure you have clearance from your doctor to return to any kind of work, and be sure to ask about what physical activities you should avoid at a new job.

Employers are restricted by the Equal Employment Opportunity Commission (EEOC) in the types of specific questions they can ask, in order to avoid discrimination in the hiring process. In particular, employers cannot discriminate against potential employees on the grounds of:

  • Race
  • Color
  • Religion
  • Sex 
  • Pregnancy
  • National Origin
  • Age (over 40)
  • Genetic Information
  • Disability

Employers are prohibited from making statements during advertising, or from asking questions on the application or during the interview process which might use this information in an unfair way. An employer can ask if you are capable of performing the required job duties, but it is your responsibility to tell them if you need a reasonable accommodation in order to do so.

In the case of people who have been injured on the job, the injury they suffered may be considered an impairment because it might prohibit them from performing certain job tasks. While an impairment is not exactly a disability, it is similar to permanent total disability and it may be helpful to understand the two when searching for a new job


 

 

  • Do You Still Have Questions?

Call 407.648.4940 or contact Coye Law Firm today for a free consultation about your case.

The expert injury attorneys at Coye Law Firm are experienced with Florida, New York, Michigan, and District of Columbia law and are here to help the injured.

Discover POWERFUL SECRETS and COMMON LIES of Florida Workers' Compensation 


If you are someone you know is struggling with the workers' comp process, get a FREE hard copy of my workers' compensation book and you will be squared away in no time!

From my book you will learn...

  • The one thing you MUST do within 30 days of a work injury (page 16)
  • How to fill out a First Report of Injury form (page 20)
  • The first step you need to take to receive wage loss benefits (page 54)
  • What medical decisions your employer can make for you (page 26)
  • How to protect your benefits after being placed on light duty (page 38)
  • How to deal with rude workers' compensation doctors (page 39)
  • Disastrous workers' comp traps to avoid (page 83)
  • Others methods to pay for your medical costs (page 45)
  • What "maximum medical improvement" means for a claimant (page 63)
  • ...and much more.

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