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I have had a workers comp case in my past. I cannot get a job now because companies are running potential employees through

Rancho Cucamonga, CA |

their work comp insurance. Is this legal

Attorney Answers 4


  1. It is not legal to discriminate because of a previous Workers' Compensation injury. Labor Code Section 132(a) forbids any company from discriminating based on a workers comp injury/settlement. The remedy is a lawsuit filed at the workers compensation appeals board. There is also a part of the law that makes it a misdemeanor to discriminate against an injured worker but I have never seen it enforced.

    The problem with the law is you have to prove that "but for the injury" they would have hired you. If the Employer has any other reason you were not hired it is very difficult to prove the discrimination. Although the law is on your side it is very difficult to prove unless you have it in writing from the employer that they would hire you if you had never been hurt.

    This is just my personal experience, so I would recommend following up with a lawyer closer to your location to see if these types of lawsuits are easier in your local jurisdiction.


  2. Do you have some proof? Of course you are most likely correct, but because the law does not require employers to cite any reason when they decline to make an offer of employment, it can be very difficult to prove the reason for being turned down for employment. If you have anything other than feelings to go on, by all means consult with a good work comp attorney. Refusal to hire on this basis is both unlawful and reprehensible.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship set forth in a written document executed by the client and by me or a member of my firm. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. I can give advice, make recommendations and answer specific questions only after reviewing the evidence and documents applicable to a specific client and following a personal meeting in my office in which the relevant facts can be developed and analyzed. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  3. It is generally illegal for an employer to ask about your medical history prior to making a job offer to you. Then the offer can be conditional on your passing a pre-employment physical. The ADA and the FEHA prohibit discrimination on the basis of disability or perception of disability. If you have any evidence that a potential employer violated these laws, you might want to consult with an employment law attorney. You can find good ones on this site and at www.CELA.com, the organization for attorneys who handle employment law cases in California.


  4. I believe the ADA prohibits an employer from asking about workers' comp history in the hiring process. So what they are doing may be violating federal law (but you still have to prove it!). Perhaps you should talk to a lawyer who handles employment law cases.

    This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.

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