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Do current employers have access to past worker's comp. claims
#1
I recently move from Montana to Arizona and got a job working with animals. I've been with the company for a little over 6 months now and I ended up getting hurt on the job. Unfortunately, I injured the same shoulder approximately 5 years ago at a different job in Montana and filed a claim. Because my manager was with me this time, I've had to go through the whole process and now I'm afraid that because I didn't disclose that I had previously injured that shoulder, because I was never asked, that my employer will be able to access the previous claim, and I will lose my job. I'm young and pretty naive about this kind of thing, so any help would be appreciated.
 
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#2
some carriers have access to historical records for past claims. not all do and fewer share the information with employers.
if you believe you have been discriminated against because you filed a comp claim you can file a complaint with the Industrial Commission.
http://www.ica.state.az.us/
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(09-19-2011, 04:09 PM)unsureAZ Wrote: ..... I'm afraid that because I didn't disclose that I had previously injured that shoulder, because I was never asked, that my employer will be able to access the previous claim, and I will lose my job.

First of all, your Employer is not permitted to inquire about prior injuries (on or off the job) or of your medical issues, possible handicaps, or physical limitations - period.

The Employer isn't the least bit interested in whether your prior injury will be of concern to the insurance company. It's insurance. They paid the premium, you were hurt on the job, and you are eligible for the benefits provided for by law.

I'm not exactly sure if you're saying that the Employer didn't ask you or the Insurance Company didn't ask you. In either case, I wouldn't say a word to anyone unless specifically ASKED by the Insurance Carrier.

Most likely, it wouldn't matter if it's been that long ago. Still, this would very possibly be considered a re-injury or an aggravation to a prior injury. It still would be compensable under WC law.

Don't get paranoid, but DO get an attorney, if the pressure is on.

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
 
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#4
If the insurance carriers ask for medical records pertaining to a previous injury to the same body part, do I have to provide them?
 
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#5
(09-19-2011, 07:07 PM)unsureAZ Wrote: If the insurance carriers ask for medical records pertaining to a previous injury to the same body part, do I have to provide them?

It would probably be in your best interest to do so. AZ is not especially worker friendly, so they could potentially deny the claim. Then, you'd have to request a hearing and on and on.

Just because you've had an injury to the same body part in the past doesn't mean you don't have a new injury.

 
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#6
(09-19-2011, 07:07 PM)unsureAZ Wrote: If the insurance carriers ask for medical records pertaining to a previous injury to the same body part, do I have to provide them?

you don't have to provide records but you do have to disclose prior medical conditions and you cannot falsify your medical history for the doctors.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#7
Thanks for the advice everyone. I really appreciate it Smile
 
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