Will a new employer be able to find out if I was injured at my last employer and filed a workers comp claim?

WC claim files are not public record. But during the hiring process with your new employer you may be asked after they make you a job offer about your physical condition. Also, not all employers follow the law, and some will ask you before being hired about your health, even though they shouldn't.

Of all the potential reasons not to get a job, this is not a major one to worry about. It is more likely that you will inadvertently mention your claim than they will research it. They can ask you if you need accommodation, or get a pre-employment physical, but only after the job offer.

It is not likely. The workers comp board will not tell them. They would have to get information from some other source. If they send you for a pre-employment physical and the scar from the surgery is noted, then that could tip off the new employer. Of course most employers these days do not get pre-employment physicals. You should know that if you are asked if you have a permanent impairment and lie about it, it could mean that the new employer can get out of paying workers comp if you have an injury with them (Rycroft defense) so be careful when you fill out the application and answer questions in the interview.

I agree with the other answers. In addition, your employer may perform a background check. While they are not supposed to have access to your prior insurance claims, they find ways.

I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights. I am not commenting on the workers' compensation aspect of your question. I write to mention that under the federal Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA), it is illegal for a potential employer to ask questions related to your medical status or if you ever filed a workers' compensation claim. To get a better understanding of the employer's rights and your rights, please look at my guide on medical inquiries and examinations, and medical confidentiality under the ADA: http://www.attorneyqna.com/pages/show?category_id=6&permalink=medical-information-and-the-ada--inquiries-and-confidentiality.

Generally no, but be careful. You cannot misrepresent your physical condition. If you misrepresent your physical condition and are injured again they amy be able to dey your claim because of your misrepresentation.

Make sure that you don't conceal or misrepresent your physical condition or limitations in any post-hire interviews or when completing any medical history forms. Also, be careful about starting a new job while your current workers' compensation claim is still pending settlement, as there can be circumstances where your past employer and their insurer may try to pin liability on your new employer and their new insurer. Most importantly, however, be sure to retain an experienced Georgia workers' compensation attorney (I am assuming here that your claim is in Georgia) to ensure that you protect your rights and obtain the best possible recovery for your work-related injuries. Timothy M. Klob Klob Law Firm 770-554-8100