May 9, 2025
How Long Can a Workers’ Comp Claim Stay Open?
Nate Hansford
When you suffer an injury on the job, pursuing a workers’ compensation claim can be an essential step toward recovering physically and financially. After you’ve suffered a work-related injury or illness, have healed fully, and are cleared to go back to work, you may be wondering how long the workers’ compensation claim stays on your record.
Understanding the long-term implications of filing a claim is crucial, especially when it comes to employment opportunities, workers’ compensation insurance, and personal privacy. At Hansford McDaniel Workers Compensation Attorneys, our team is committed to transparency and empowering injured workers with the knowledge they need to feel confident throughout every phase of the legal process.
Understanding Workers’ Compensation Benefits and Records
A workers’ compensation case record is an official file that includes all documentation and evidence related to your injury claim. These records typically contain:
Medical Treatment History and Reports
This includes documentation from all medical professionals involved in your diagnosis, treatment, and recovery. It may cover medical bills, emergency room visits, physical therapy sessions, surgical procedures, disability benefits, prescriptions, and long-term rehabilitation plans. These records are critical in proving the severity and cause of your work-related injury.
Employer Injury Reports
After an incident occurs on the job, employers are required to file a formal report documenting how the injury happened, the time and place it occurred, who was involved, and any immediate steps taken. This report becomes a foundational part of your workers’ compensation case and can be used to verify the circumstances of the accident.
Witness Statements
If coworkers, supervisors, or other individuals witnessed the accident or conditions leading up to it, their statements are collected as part of the evidence. These firsthand accounts can help clarify disputed facts and support your version of events.
Insurance Company Claims Forms and Correspondence
This includes all documents submitted to or received from the employer’s insurance carrier, such as claim forms, medical authorization releases, approval or denial notices, and ongoing correspondence about benefits, payments, or required medical exams.
Legal Filings, Hearing Transcripts, and Decisions
If your case involved litigation or administrative hearings, these documents record everything submitted to the State Board of Workers’ Compensation, including petitions, motions, transcripts of testimony, rulings by judges, and official findings of fact.
Settlement Agreements or Benefit Awards
Whether your case concluded through a negotiated settlement or a formal award after a hearing, this documentation outlines the terms of compensation, including lump-sum payments, wage replacement, and workers’ compensation coverage of future medical care. These records remain part of your case history and may be referenced if the claim is reopened or appealed.
These records serve an important legal purpose: they document your injury, track your recovery, and establish your eligibility for compensation under state law. They also help protect against fraudulent claims and provide a reference in case further action, such as an appeal or reopening of the case, is needed.
In Georgia and most other states, these records are maintained by the State Board of Workers’ Compensation and your employer’s insurance provider. If you had legal representation, your attorney may also retain a copy of the full case file for future reference.
Who Has Access to Your Workers’ Compensation Records?
Workers’ compensation records aren’t public records in the same way that a criminal background or civil court judgment might be. They’re generally considered confidential and protected under both state and federal privacy laws. However, they’re accessible to certain authorized parties, including:
- You, the injured worker: You have full access to your case file and medical records at any time, and you can request copies for your records or to share with other professionals.
- Your employer and their insurance company: Because they’re directly involved in the claim process, your employer and their workers’ compensation insurer are allowed to access your records to evaluate your claim and determine benefit eligibility.
- Your legal representatives: If you hire an attorney, they will obtain and review your records to build your case and communicate with other involved parties on your behalf.
- Authorized medical professionals: Doctors, physical therapists, and specialists treating your injury may need to view your file to coordinate treatment and provide medical opinions relevant to your case.
- The state workers’ compensation board: The board oversees the administration of claims and has access to records to make rulings, process appeals, and ensure compliance with legal procedures.
- Government agencies involved in disability or employment services (in certain cases): Agencies such as Social Security or state unemployment offices may access relevant portions of your record when coordinating benefits or determining eligibility for additional assistance.
Outside of these approved parties, your records are generally shielded from public view. Employers cannot access your medical details or claim history without proper authorization, and prospective employers cannot automatically view your workers’ compensation history during a standard background check, though, as we’ll explore below, some exceptions may apply based on the job type or industry.
How Long Does Your Information Stay in the Workers’ Compensation System?
There’s no single federal rule that governs how long a workers’ compensation case remains on your record. However, in most cases, these records remain accessible for several years, sometimes indefinitely, depending on the state’s laws and the type of access requested.
In Georgia, workers’ compensation claims are maintained by the State Board of Workers’ Compensation for a minimum of 10 years. Some records may remain archived for longer periods, especially if there were complex legal proceedings, appeals, or ongoing medical care related to the injury.
Additionally, insurance carriers may keep claim records indefinitely as part of their internal data systems, especially if the claim involved large payouts, litigation, or a permanent impairment rating.
As more information is digitized, private data storage systems and third-party reporting services may retain records for long periods, even beyond state retention guidelines. This means that even an old case, resolved years ago, could surface in a comprehensive employment background check, particularly if the role involves physical labor or liability exposure.
Factors That Influence Record Duration and Visibility
Several variables can affect how long your workers’ compensation case appears in accessible records and the degree to which it may influence future employment or legal matters. Understanding these factors can help you better anticipate potential challenges and discuss them proactively with your attorney.
Severity of Injury and Benefit Type
Cases involving permanent disability, long-term impairment, or structured settlements often remain active in state and insurer databases for extended periods. This is because ongoing medical care or wage replacement may require continued oversight, even after the initial case is closed.
Additionally, if your injury resulted in a permanent partial or total disability rating, that classification may be referenced in future benefit evaluations or employment-related assessments. The more serious the injury and the more substantial the benefits, the more likely your case information will remain readily accessible.
Whether the Case Was Contested or Litigated
When a workers’ compensation case involves disputes, formal hearings, or appeals, it generates a more extensive legal record. These proceedings can include transcripts, rulings by administrative law judges, motions, and expert testimonies.
Because litigation requires formal documentation, these records are often retained for longer periods by both the state workers’ compensation board and legal databases. In some instances, elements of a litigated case may be referenced as precedent for future disputes or included in administrative archives for oversight purposes.
Your Employment Status and Industry
The industry in which you work can impact how your case record is perceived. For example, individuals employed in sectors such as construction, manufacturing, healthcare, law enforcement, or transportation may be subject to more rigorous employment screening due to the physical nature or safety-sensitive responsibilities of the work.
Employers in these fields often conduct deeper evaluations of a candidate’s physical fitness or injury history, sometimes requesting your consent to access previous workers’ compensation claims if the role has strict physical requirements or liability risks. While such requests must comply with legal privacy protections, the type of job you’re applying for can determine how closely your claim history is scrutinized.
Reopenings and Re-Injuries
Injuries sometimes resurface. If your condition worsens over time or if you sustain a new injury to the same area, the original claim may be reopened. Reopening a case requires revisiting prior records, which effectively “reactivates” your history in the eyes of insurance carriers, medical professionals, and legal parties.
Additionally, any new or follow-up claims may be evaluated concerning the earlier incident, which can keep those records in circulation longer than claims that resolve with no further issues. It’s also worth noting that some insurance companies track cumulative claims across time, especially when determining risk or benefit eligibility.
Impact of a Workers’ Compensation Case on Future Employment
Understandably, many injured workers worry about how a past workers’ compensation claim might affect future job prospects. The good news is that filing a claim doesn’t create a criminal record, nor should it automatically disqualify you from employment.
However, there are some nuances worth understanding:
Can Employers See Past Workers’ Compensation Claims?
Generally, employers don’t have access to workers’ compensation records without your explicit consent. These records are considered private medical information under both state and federal law, including the Americans with Disabilities Act (ADA) and the Health Insurance Portability and Accountability Act (HIPAA).
That said, employers can ask about your ability to perform essential job functions, especially if the role involves physical tasks. If you voluntarily disclose a past injury or require accommodations, they may become aware of your history through legal and proper channels.
In some cases, background check agencies or insurance companies may flag a history of claims during pre-employment screenings, especially for positions requiring physical certifications or operating heavy machinery.
Can You Be Denied a Job Because of a Past Claim?
No employer is legally allowed to discriminate against you solely because you filed a legitimate workers’ compensation claim in the past. Doing so could be grounds for a discrimination lawsuit under Georgia law and federal workplace protection statutes. However, if your past injury affects your current ability to meet job requirements, employers are permitted to consider that factor as long as their decisions are compliant with anti-discrimination workers’ compensation laws.
Your Legal Rights and Privacy Protections
As an injured worker, you have legal protections when it comes to your medical and claim records.
Key Privacy Protections Include:
- Health Insurance Portability and Accountability Act (HIPAA): Limits how medical information, including workers’ compensation-related treatment, can be shared.
- Americans with Disabilities Act (ADA): Prevents discrimination based on disability or perceived disability, which includes injury history.
- Georgia State Law: Ensures confidentiality of workers’ compensation filings and restricts access to authorized parties only.
If you suspect that your records were accessed improperly or used to discriminate against you during hiring, a workers’ compensation attorney can investigate the situation and pursue legal remedies on your behalf.
How an Attorney Can Help Manage the Impact of Your Case Record
Navigating the long-term effects of a workers’ compensation case can be complex. At Hansford McDaniel Workers’ Compensation Attorneys, we not only fight for your immediate recovery, but we also help clients protect their privacy and plan for the future.
Here’s How We Can Help:
- Secure Record Handling: We ensure that your claim is properly documented and that your medical and legal records are stored following privacy regulations.
- Appeals and Reopenings: If your case needs to be reopened due to worsening conditions or an improper ruling, we’re equipped to guide you through the process.
- Post-Settlement Guidance: Even after your case resolves, we continue to provide support regarding how your record may be used, how to disclose past injuries to employers, and what rights you maintain going forward.
- Defense Against Retaliation or Discrimination: If your record is being used to block you from employment or benefits unfairly, we can take legal action to defend your rights.
- Clarity and Education: We help clients understand the realistic impacts of their claim history and how to navigate job applications and interviews in a transparent but protected way.
Protecting Your Future Starts Now
Filing a workers’ compensation claim is your legal right, and exercising that right should never compromise your future. While a case may remain on your record for many years, it doesn’t define you, nor does it eliminate your opportunities for meaningful employment and recovery.
At Hansford McDaniel Workers’ Compensation Attorneys, we stand beside injured workers in Georgia every step of the way, from the first consultation to the long-term management of your case. Our firm is dedicated to helping you navigate the legal landscape with confidence, clarity, and peace of mind. Contact Us today!
