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Am I being blacklisted
#1
I have never filed one workmans comp claim in my 30 years of a safe work history in the concrete construction trade until I was seriously injured in a wind storm that I was forced to work in. I had to have three of my neck vertebras fused with bone taken from my hip. I settled with the Illinois workmans comp insurance agreeing that I was not totally disabled and attended school to be retrained, which I did.
Upon reciving a higher education I immediately landed an excellent job in sales of steel building construction, I passed the interview with flying colors and was verbally told I was hired and could start as soon as they pushed through the insurance information. Two days later I was called to recheck my drivers license number and told “Something funny came up.” They never called back! (This was not a background, credit or any other type of check)
That was seven years ago and I have experienced this time and time again when applying at good jobs with insurance, and just recently was told the insurance companies can discourage the hiring of workers like me.

I’m educated, skilled, ready, able, and willing to work but after seven years of our agreement and years of the same thing, I’m broke, homeless, and on food stamps.

I never would have settled to be reeducated had I know the insurance corporations would classified me as high risk or partially disabled…which I’m not.

Any help with this??
 
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#2
If it walks like a duck and quacks like a duck... it's a duck.


While illegal there are any number of firms that provide employers with backround checks that include workers comp history. Further, many employers will not be willing to assume some presumed risk of further injury even though cases such as yours would go back on the old employer should something deteriorate.

My opinion only....
 
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#3
you can try relocating.
why do you believe it's your comp claim that is blocking your reemployment?
you can look into an ADA discrimination filing.
http://www.jan.wvu.edu/links/adalinks.htm

too bad workers don't organize and boycott employers who discriminate.
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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#4
It happens.

My sister worked in the aircraft industry, injured her shoulders, hands, & knees.

After filing a wc claim, she was told by HR that she would never work in the aircraft field again.

Like you, she has been interviewed, told she has the job, then when it comes to the background checks she never gets hired.

She is now 50, having more shoulder, & CT problems.

Attorney told her to file for social security disability.
 
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#5
I had the same thing happen to me just last week, I applied for a job that I was a shoe-in for and a friend that works at the place said they knew I was out on WC and they would'nt hire me. i see it as their loss!!
 
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#6
You claim your not a high risk, yet I too had a 3 level fusion and then a 6 level fusion.

Any Neck (cervical) fusion does put you at a high risk. As I am very sorry this is happening to you. I too am from Illinois, and many Work Comp records do become public information. As I too tried for employment, and was told I was a high risk. I was lucky and a friend of mine put me through as being checked for a hired on job, it was his Work Comp Insurance that told him his rates could go up, and offered him information to me being a high risk, that it would be better to pass me up, and hire someone else. But, because it was done as a favor to me, I wouldn't go after him or his Insurance, because proving the factor would be impossible. Verbal talk is just that Verbal. Be nice to see in writing some day.

Video Guy I would like to send you a Private Message here if you don't mind?

Cycler, it doesn't fall onto the old employer if hired at another job, if reinjured, it would fall on the employer who has hired the person.
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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#7
I hate to say it but it sounds like the insurance Companies tell the Employer that They wont insure You so the Employer not wanting the Liability issues dosnt Hire You.
 
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#8
BBB- I believe a flare up or complication or worsening of the original injury even if employed by a new company it would be on the old employer if an exacerbation or simple aggravation, at least in this state. All depends.
 
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#9
I'm from Illinois, and when a Work Comp Claim is settled, mostly 85% of the time the Medical is closed out also.

So, if reagravation of an old injury takes place, the new employer takes on the case.
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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#10
The only thing I can come up with, is to tell them you are in a different position abd highly less likely to get reinjured. You may even want to have a talk with the ic company that is saying no and explain to the what you would be doing. And hear what they have to say. If they still say no, then ask what accominations would neen to take place for them to say yes. I would try an get as much info from them as I could, to use at a latter date if need be.

Take Care
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. After going back to school, I received my degree as a mechanical engineer. What can I say, it was the only way I had to beat the system. 
 
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