Will My Colorado Workers’ Compensation Settlement Show Up In Public Records?

Aug 21, 2014 | WC & Other Laws

COLORADO WORKERS’ COMPENSATION SETTLEMENT QUESTIONS ANSWERED:

Will my Colorado workers’ compensation settlement show up in public records? I got hurt at a job, and the Denver employer made me go to HR & sign workers’ compensation papers. After I did that, they made me go to their doctor, and the doctor kept me out of work. The Workers’ Compensation insurance company was hassling me, so I had to hire a Denver disability lawyer to get them off my back. After I hired the Denver workers’ compensation lawyer, the employer’s insurance company gave me a settlement check and closed the case. I want to know when I apply for other jobs, will new potential employers find this out on a background check? Are potential employers allowed to ask me if I ever received a settlement check? And are they allowed to ask me if I ever filed workers’ compensation in Colorado?

KAPLAN MORRELL ANSWERS:

By law, large employers (15 plus employees) cannot make inquiries or ask you about prior injuries or other questions that might show you have a disability until AFTER they make a job offer. (There are a few exceptions.)

Nonetheless, some larger employers sign up for “employee screening” services that seek to find out whether you had a workers’ compensation injury. The fact that you settled, or what the settlement was, is not a public record and generally not a factor.

So, to answer your question – after the employer makes a job offer, they can ask whether you have had prior workers’ compensation claims or have other medical conditions that might affect your ability to do the job you were offered. However, the employer cannot withdraw the offer unless it can be said that you are physically unable to do the job with or without reasonable accommodations.

We’re here to help.

Have you or a loved one suffered a workplace injury in Colorado? At Kaplan Morrell, we’re here to support you. Our expert team is just a call or text away at 970-356-9898. You can also easily reach out to a member of our Workers’ Compensation Claim team through our chat feature right here.

Rest assured, every consultation with us is not only free but also held in the strictest confidence. Let Kaplan Morrell guide you toward the peace of mind and benefits you deserve.