Work Comp

Paul, companies firing employees returning from a workers comp claim is more the exception than the rule. Most companies do not want the legal liability of proving the reason for separation was not related to the workers comp claim. While you are usually not required to inform a potential employer of previous workers comp claims (especially if not asked), any injury occurring within the previous 5 years will need to be noted on any DOT physical you may be given, so that employer may still find out. Rule of thumb is be up front and honest about your condition, especially if you have not fully recovered. If a potential employer does not know about any pre-existing injury, they are unable to accommodate any physical limitations. By being up and honest from the start, it also protects should you re-injure yourself. This will make it hard for the insurance company to deny a new workers comp claim since the injury was disclosed up front. Unfortunately, this is sort of a #### if you do, #### if you don't scenario. You know you body better than anyone, so if the injury is still present, make it known. If you are healed, then you may consider revealing less information because you are healthy. Most trucking companies in general are only concerned with you passing a DOT physical. Your time with your employer, even on light duty, will still count as continuous employment.

My opinion is based on the laws and personal experiences I know here in Texas as both an employee and employer (business owner with my wife), which may differ from Wisconsin. Get well soon Paul.

 

Employers have stats that say once an individual files a workers comp claim, there is a 60% chance they will file another claim within 14 months. So they consider the odds and decide if they want to assume the risk or not. Many comprehensive background checks will discover workers comp claims (active or closed within last 3 years)