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Workers' Comp. FAQs

Can I be fired if I'm getting Colorado workers' compensation benefits?

By Patrick Spencer

Yes, you can be fired, and thanks to a law passed by the Colorado legislature in 1999, Colorado employers are firing injured workers more often. Under this law, if you are "responsible" for losing your job, you are not eligible for any lost-wages benefits.

This is true even if your injury prevents you from finding another job! Since this law was passed, employers started looking for excuses to fire injured workers to save the insurance carriers money on lost wages benefits.

You can be fired while on workers' comp

Getting fired can hurt
your claim.

Employees are routinely fired for being late to work, missing time for doctors' appointments without calling in, bad attitudes, etc. So it's important to be very careful of your employer's rules once you get hurt!

 

 

Quitting your job can end your benefits

Quitting your job can end your workers comp benefits

Quitting can hurt
your claim.

Another thing to remember is that quitting can also cut off your benefits under this law. If you quit, you are "responsible" for losing your job. There are very few situations where it's legally advisable to quit your job after an injury.

If you've been fired after an injury, or feel that your employer is trying to make you quit, please contact an attorney immediately. There are legal actions that may be able to restore or protect your eligibility to lost-wages benefits (TTD). An attorney can help determine if any of these legal technicalities apply to your case.

 

DISCLAIMER-These FAQs are a public resource for general information. These questions and answers have been prepared by Spencer & Spencer for informational purposes only and are not legal advice. No client or other reader should rely on, act on, or refrain from acting based on information contained in this website without seeking appropriate legal or other professional advice.