Workers Compensation

Workers' Comp has a time limit for filing and reporting an injury. If you wait too long you'll lose any ground for them to pay for anything. Consult a Workers' comp attorney and/or at least the Workers' comp commission who should have an ombudsman on staff who can guide you. I'm a court reporter and have done numerous hearings where the Workers' comp insurance carrier was denying benefits because of a simple time issue. There are certain laws regarding it and if you don't do it just right, the insurance company can weasle its way out of paying and get away with it and you're left holding the bag.

Good luck!

Many years ago, my husband was hurt on the job. He spent six weeks in the ICU, had several surgeys, and a lot of follow up care. He did not continue working with that company. The issue of Workers Comp has never come up when applying for another job.
It will not be a "red flag" to future employers. I don't think they will actually know about it unless your husband discloses it. All my husband was ever asked about was the injury itself when he was enlisting in the Army. Otherwise, no one has ever mentioned it to him.
Don't pay the money out of pocket if Workers Comp will cover it.

Workers Comp should not hinder his chances. I'm not even sure that a company can reveal if called for reference. There is actually a law that you can look up about workers comp and what a company can and can't do. I don't remember exactly but years ago I was a manager and had an employee go on WC and I had to reveiw all of the rules about it. In a nut shell a company can not hold it against you in any way. Other companies he interviews for will want to know he can do the job.

I own a staffing company and yes it can show up on a background check. We would not use this info against an applicant, but not sure if my clients would do the same, I beleive it would be a case by case decision for a client. This is how the criminal background works, they look at the age of the applicant and what they did to determine if they will hire him/her anyway. They figure when you are a teen (18-19) you may do something foolish, but have matured now.
I have a friend that got a job and he used WorkersComp, but his job is in such demand they would take just about anyone with that license.
Note: even day surgery can still cost alot of money.
Good Luck.

There is a time limit to file for WC and it is different I believe for each state. In my personal opinion, it if is a minor injury then I wouldn't file it unless you have waited too long or he would be off of work for a while and then his salary would be covered. WC is a long and drown out process and it takes a long time to get released back to work (at least in Texas it is) which is totally ridiculous in most cases. If your husband goes to another job and they find out he was not released back to work by that WC claim it could be against the law. Also (very important) if you do not or cannot file the WC claim then do not mention do your personal insurance company or the doctor that it was a work related injury. If your doctor files a personal insurance claim and he knows it was a work related injury it is against the law. Your personal insurance, if they find out, will deny all of your claims and request money back on the ones they have already paid. Their stand is they are not responsible for paying if another party is responsible. It is perfectly legal and a lot of people think you can use your personal insurance for everything and are shocked when they cannot. Hope this helps. Check out the time limit first and then go from there but I would check with the work comp commission and not his employers HR department. Hope this helps.

Yes it is worth filing for, if he was injured on the job. As long as he was not negligent and it wasn't his fault then it should not be an issue with prospective employers in the future. That is why companies carrie WC insurance and you should not pay out of pocket. It would be to your benefit to use the insurance provided by his current employer. Hope he is okay and everything goes well. Good luck!

You can sue if you are discriminated against for filing for a benefit that you are entitled to and contribute for. I am a nurse, and I used workman's comp for an injury that placed me out of work for 4 mo's. I haven't had any issue with employment since that time. The other thing is, your health insurance wont cover any cost associated with a workman's comp injury, and if they do and find out, they will expect reimbursement. good luck

If you husband hurt himself at work, then yes, he should file the workers comp. I had to have knee surgery a few yrs ago for an injury at work. It DID NOT hurt my chances w/another job. It is illegal for any employer to release any information regarding anything other than date of hire and is he eligible for rehire. If you are still unsure, please get legal advise on this. Texas law is pretty strict concerning workers comp. and he will have to make sure he follows the guidelines. They do thorough checks to make sure that someone claiming workers comp is truly injured...not doubting your husband, just be prepared to follow their guidelines. My former employer was wonderful regarding my situation so maybe his will be as well. Good Luck.

My understanding of employment laws is that a former employer can only release your date hired and date employment ended. You may want to check with the Texas Workforce Commission, I think they have some info on their web site. I don't believe that an employer can release any information regarding workmans comp, and I do not think that info is on an application for employment.

There is also a time limit on when you can file a workmans comp claim, and if the injury was not reported immediately he may not be eligible for any compensation.

I have worked in the insurance industry for many years and this is the info from my experience.

I hope it works out for you!