Can a Future Employer See My Past Workers’ Comp Claims? Your Privacy Rights Explained

If you filed a workers’ compensation claim after a job injury, you may be asking yourself whether that claim will follow you to your next job. It is one of the most common questions injured workers in the Inland Empire ask before returning to the workforce. The short answer is: it is complicated, and the details matter.

California law does provide some privacy protections for injured workers, but those protections are not absolute. Understanding where the lines are drawn can help you make informed decisions about your future employment.

What California Law Says About Workers’ Comp Privacy

California law prohibits employers from discriminating against applicants based solely on prior workers’ comp claims, but your history is not entirely hidden.

Under California Labor Code Section 132a, it is unlawful for an employer to discriminate against a worker for filing a workers’ compensation claim. This protection applies to both current employees and job applicants, offering statutory remedies if an employer discriminates or retaliates against you for filing a claim.

That said, Section 132a does not create an ironclad wall of secrecy around your claims history. The law limits discrimination, not disclosure. Your past claims may still surface through background checks, depending on what a prospective employer is looking for and how they search for it.

Can Employers Actually Find Out About Past Claims?

Employers can access litigated or appealed workers’ comp records through background screening services, though California limits how that information may be used and requires specific procedures under Labor Code § 138.7 and DIR rules for non-party record requests.

Records from workers’ compensation matters that have been adjudicated or appealed by filing an Application for Adjudication of Claim at the Workers’ Compensation Appeals Board (WCAB) are generally accessible as public records. Routine, non-litigated claims handled administratively are much less likely to appear in public WCAB dockets. Some third-party background check companies aggregate this type of data, such as case dockets, dates, and non-medical filings, and sell it to prospective employers. However, confidential medical details and home addresses are typically protected or redacted.

Employers in California who use consumer reporting agencies to conduct background checks must comply with the federal Fair Credit Reporting Act (FCRA) and California’s Investigative Consumer Reporting Agencies Act (ICRAA). Under these laws, prospective employers must notify you and obtain your consent before running certain background checks or taking adverse action based on the report. In practice, many employers request WCAB records only after making a conditional job offer, and the Division’s process includes notifying the worker of the request.

Relevant protections include:

• You must be notified before an investigative consumer report is requested.
• You have the right to request a copy of that report.
• Employers cannot use medical or claims history to screen out candidates in a way that violates FEHA; however, employers may lawfully assess whether an applicant can perform essential job duties or request job-related medical examinations post-offer under narrow FEHA/ADA rules.

The Role of FEHA and Disability Discrimination

California’s Fair Employment and Housing Act prohibits employers from rejecting applicants because of a disability or perceived disability tied to a prior injury.

The California Civil Rights Department (formerly DFEH) enforces FEHA, which covers employers with five or more employees. If a past workers’ comp claim reveals an injury that qualifies as a disability, an employer who refuses to hire you based on that history may be violating state anti-discrimination law.

This is where the distinction between accessing information and acting on it becomes critical. An employer may see your claims history or a public WCAB filing, but using it to screen you out of a job could expose them to serious legal liability, including potential claims under FEHA and Labor Code § 132a.

What About Immigrant Workers in the Inland Empire?

Undocumented workers in California have the legal right to file workers’ comp claims, and immigration status cannot lawfully be used to deny those benefits.

The Inland Empire has a large and hardworking immigrant community. Many workers in this region have questions that go beyond workers’ comp, touching on how a claim might interact with their immigration status or affect their ability to work.

At Espinoza Law Group, we work in both workers’ compensation and immigration law. We understand how these two areas of law intersect and what it means for workers who face challenges in both. Our team is bilingual, and we regularly serve clients in Spanish throughout San Bernardino and Riverside counties.

California law is clear that workers’ compensation benefits cannot be denied based on immigration status. Under Labor Code Section 1171.5 and related Department of Industrial Relations guidance, all workers, regardless of immigration status, are entitled to the same workplace protections.

Practical Steps to Protect Your Privacy and Your Future

If you are preparing to re-enter the workforce after a workers’ comp claim, there are a few practical things worth knowing:

• Request your own background check through a consumer reporting agency to see what information appears about you before an employer does.
• Know your FEHA rights. If a prospective employer asks about past injuries in a way that feels discriminatory, that may cross a legal line.
• Document any suspicious rejections. If you applied for a job, disclosed nothing, and were still denied after a background check, the timing may be worth reviewing with an attorney.
• Understand the difference between a job offer being withdrawn and never receiving one. Each scenario carries different legal implications.

Taking these steps does not guarantee a specific outcome, but it does put you in a stronger position.

Talk to Our Team Before Your Next Job Search

Espinoza Law Group offers free case screenings for workers’ compensation matters. Whether you were injured on the job in Ontario, Fontana, San Bernardino, or anywhere else in the Inland Empire, our bilingual team is ready to review your situation and help you understand your options.

If your workers’ comp history is creating barriers in your job search, or if you have concerns about how your immigration status intersects with a workplace injury claim, we encourage you to reach out. Call us at 213-667-0701 or contact us to schedule your free case screening today.