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Could You Be Discriminated Against if You Have a History of Receiving Workers’ Compensation?

Does it get any worse than this?  You are injured on the job, and you receive New  York workers’ compensation benefits because of your injuries.  After all, it wasn’t your fault that you got hurt and you were only doing your job.  However, once you recover and start to look for more work, you find that potential employers are discriminating against you because they found out that you once received workers’ compensation benefits.  Is that fair?


A recent case brought against Guardsmark, LLC by New York Attorney General Andrew M. Cuomo highlights this disturbing form of discrimination.  The Attorney General’s office launched an investigation into Guardsmark’s employment application process after receiving complaints that the company was allegedly violating the law with some of the questions asked on the application.


As a result of the case, Guardsmark will be required to modify their employment application for security guards and supervisors to ensure that they are complying with the law.  The good news for injured workers is that in general federal and state laws prohibit employers from inquiring about an applicant’s disabilities before they are hired.


Guardsmark must ensure that they eliminate any questions about workers’ compensation claims and they must also ensure that any information they collect about an applicant’s disability is used and stored in a way that complies with all federal, state, and local laws.


These anti-discrimination laws exist for a very good reason.  If you were injured on the job and had to take disability payments to survive, you should not be discriminated against when you are again able to look for work.  The laws ensure that disabled or injured workers are on a level playing field with other potential employees.  Otherwise, hard-working men and women and their families could find themselves unable to secure employment after an injury or disability.


If you are looking for help with your New York State Workers Compensation case, then you have come to the right place.  Markhoff & Mittman attorneys are knowledgeable in all aspects of workers’ compensation law and have been helping injured workers for the last 70 years.  Please contact our office today to find out how we can help you receive the compensation you deserve.