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Can a new employer find out about my past WC claim if I don't tell them?
11-10-2007, 11:58 AM
Post: #1
Can a new employer find out about my past WC claim if I don't tell them?
Can my new employer find out about my past injury and worker's comp claim with my old employer?

I have a new job. On my last job I was injured (sprained my ankle), and got worker's compensation and company insurance paid for treatement. I did not list this old job on my application with my new employer, nor did I tell them I had an on-the-job injury.


So...is there a way that my new employer find out about my past injury and worker's comp claim with my old employer, if I don't tell them about it? If so, how can they find out?

Thanks. Smile
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11-10-2007, 12:03 PM
Post: #2
RE: Can a new employer find out about my past WC claim if I don't tell them?
Yes they can, and many might even try to find that information out. Work Comp cases in many States might even be public record.

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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11-10-2007, 12:17 PM (This post was last modified: 11-10-2007 12:17 PM by WCisBS.)
Post: #3
RE: Can a new employer find out about my past WC claim if I don't tell them?
maybe.
there are index services that collect some work comp claims data. If an employer subscribes or is willing to pay for a background check they can access. Not all carriers belong to such indexes so the data is incomplete
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11-10-2007, 12:45 PM (This post was last modified: 11-10-2007 01:12 PM by bagpussinamerica.)
Post: #4
RE: Can a new employer find out about my past WC claim if I don't tell them?
Someone just now told me that they can't find out because of HIPAA. Not sure if I believe that, though.

It's one of the big soda pop companies I work for. I'm in Texas. Not sure if that makes any difference, though.

I can't help but wonder if it's more common for them to look up this info prior to hiring a new employee, or after. *walking on glass*
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11-10-2007, 02:26 PM
Post: #5
RE: Can a new employer find out about my past WC claim if I don't tell them?
You can always call your local workers compensation office and ask them. As far as a company doing a back ground check and verying past employment, that is done before a job offering is made.

8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. Jesus died for our sins. Soilders died for our freedom.
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11-10-2007, 02:53 PM
Post: #6
RE: Can a new employer find out about my past WC claim if I don't tell them?
I am currently working for a new company now. I never got asked on the application if i ever received workers comp before, so i never mentioned it. I got hired and now i doubt very much someone is going to go looking into all the people they hired to see if they ever had workers comp before.

I think if they do not ask it, do not mention it. That is just the way i feel. If you can do the job without injuring yourself and noone asked, why bother? Once your hired, your hired.

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1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
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11-11-2007, 07:22 PM
Post: #7
RE: Can a new employer find out about my past WC claim if I don't tell them?
I agree that once you have the job, you should be fine. I know that in VA, if an old employer is contacted for a reference, the only thing we are allowed to state if if the person was or was not employed by us. We can not state whether they were a good or bad worker or any info. about that person.

I also think that the previous employer would not want the new co. to know you fild for W/C, because if you are released from your new job...in VA, W/C would have to start paying you again, until you find a different job.

Good luck.
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11-11-2007, 07:39 PM
Post: #8
RE: Can a new employer find out about my past WC claim if I don't tell them?
I agree with the above. Most of this is govenered by states. But if you already have a job and it is past your first 30 days when most states allow the back ground check to be completed, then you most likely have no concerns at all. Also, most back ground checks do not give information of this sort it is mostly about crime or lack of crime. THere have been a few organizations that have began to check credit history also In either situation an organization must have you sign a form giving permission to do so. So if the organization you are applying has a policy that states that they check for previous w/C claims then you would also have to sign a form allowing them to do this. good luck to you.. Red

Be who you are and say what you feel, because those who mind don’t matter and those who matter don’t mind.
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02-11-2011, 06:48 PM
Post: #9
RE: Can a new employer find out about my past WC claim if I don't tell them?
Of course they will found out all your past employment background even your injuries. Information about you is listed in a public record. Probably even your criminal history or offenses will be reported.
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02-11-2011, 10:20 PM
Post: #10
RE: Can a new employer find out about my past WC claim if I don't tell them?
They can find out, it's not secret stuff. Some employers do more of a background check even once you are hired. I worked for an employer that did his best to find out about past WC claims and if he even thought you might have filed a claim he would not hire you. I believe his WC carrier even helped him with this info
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