Michigan lawyer discusses if workers’ comp claims show up on background checks when looking for new employment.
Many of our clients return to gainful employment after their work injury case has been resolved. We consider these individuals a great success because getting back to work should always be the primary goal. It brings us joy when they get enough money from a settlement to get back on their feet and quickly transition to a new job. But sometimes our clients ask “does a workers’ comp claim show up on background checks” because they worry about discrimination due to prior claims. Here is some information that every claimant should know before starting their job search.
Most discrimination against people collecting benefits comes from misconceptions about the system. It is not welfare or some handout. It is a safety net for people hurt on-the-job. Insurance companies make things worse by advertising that all disabled employees are frauds and just want a free lunch. The truth is that fraud is very low in the system and most people just want to get better.
Our experience is that honesty is the best policy. New employers just want to know that a new hire can physically and mentally perform the job. They will make a hiring decision based upon past work experience, transferable skills, and needs of their organization. Most employers will not care if someone had a prior work injury claim. But they do care if a person lies on a job application or during an interview. Here are some ways that a potential employer might find past work injury claims.
Freedom of Information Act (FOIA) Requests
Michigan law permits employers, insurance companies, and other interested parties to request information about work injury claims. Workers’ Disability Compensation Agency files are generally open to the public for review and copying under the Freedom of Information Act. This includes claim information and settlements. We have had many cases where defense attorneys found out about past workers’ comp claims and settlements before our clients even told us. It is a good idea to assume that workers’ comp claims will show up on background checks and be discovered.
Searchable databases will show workers’ comp claims for background checks
Clients wrongly assume that new employers will not find out about past work injury claims. National databases will show workers’ comp claims for background checks. Insurers routinely track and share information about their policyholders through searchable databases and this information can be purchased.
Insurance Services Office (ISO) is a company that keeps a database of work injury claims. Employers just need a name and date of birth to do a claim search. Insurers routinely use this database to catch people who lie about past workplace accidents. Some other databases include Cleveland Index, Comprehensive Loss Underwriting Exchange (CLUE) and Automated Property Loss Underwriting System (A-PLUS).
Michigan Workers’ Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.