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Worker's Comp and pre-employment background check

Los Angeles, CA |

I filed a suit about 5-6 years ago. It was an 'overuse' hand/wrist injury from repetitive computer work (not quite carpel tunnel). I've recently been offered a job that involves using the computer and wanted to know what to expect, in terms of a background check and my WC suit. Firstly, is it pretty certain that this suit and the details show up on a background check? Secondly, is there anything I can do to prevent it from resulting in a withdrawal of the offer (based on the thought that I would not be able to do the job)? The injury is healed/controlled and the computer work in the new job is not nearly as repetitive and long (up to 16 hrs/day, 6 days a week in a dot com start up). Thank You for your help.

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Attorney answers 1


First, you should be clear that a workers' compensation CLAIM is not a LAW SUIT. If anyone asks if you've filed a law suit, the comp claim does not count and the answer (on that basis) would be "no."

Second, it is unlikely that your prior claim would show up on any background search. An employer is not allowed to ask you if you've ever had a prior comp claim. There are ways for them to find out about it but I have never heard of an employer going to those lengths to find out.

Third, if an employer wants to withdraw a job offer, they're going to find a legal reason for doing so and there's probably not much you can do about it. If it does happen, consult a labor/employment law attorney right away.

Good Luck.

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