What Happens To My Job If I Have A Workers’ Comp Injury?

May 01 2016

Most people are aware that they are entitled to workers’ compensation benefits if they get injured on the job in Colorado. However, they have no reason to learn about their specific rights and options until the day a serious work injury occurs. At that point – when you are worst-equipped to deal with them – the tough questions and complications can seem endless.

If I am injured and cannot work, what will happen to my job? For clear reasons, many people in this extremely stressful, uncertain situation ask this and related questions such as:

  • Can I be fired just for reporting my work accident and filing a workers’ comp claim?
  • If I recover within a reasonable time, will my employer keep my job open for me?
  • What if I have a permanent disability that will prevent me from ever returning to my previous occupation?

What Happens If I Quit My Job While On Workers Comp?

Workers’ compensation cases can be difficult. If you’re tempted to quit your job, you may be confused about what your rights are. Although quitting your job technically shouldn’t affect your right to medical benefits, doing so has serious consequences with regard to your lost wages. and compensation from the workplace where you suffered the injury, it may not always be the best idea.

If you feel that your workplace has become a hostile environment due to your claim, then it’s important to get legal counsel to help you decide what to do. Also, if you need to change jobs because your disability (due to your on-the-job injury) prevents you from doing your old job, you may be entitled to additional compensation. Your worker’s comp attorney can help you if you need to argue this point.

It is generally best to wait to change jobs until you have reached maximum medical improvement. Before you make a decision to quit your job and start a new one, it’s important to get medical clearance from your doctor to return to work.

If you opt to get another job, then the good news is that your medical benefits should be covered as part of your worker’s compensation case. It’s imperative to discuss any changes to your employment status with us before making the decision to quit your job.

Get Clear Guidance From Attorneys Who Will Protect Your Rights

Our Denver, Colorado-based workers’ compensation lawyers will carefully evaluate your unique situation and provide counsel based on our decades of experience. You can count on reliable, practical information about what your employer can and cannot legally do.

Generally speaking:

  • You cannot be legally fired for filing a workers’ compensation claim, but an employer who takes this step will almost certainly cite another reason for termination – making it essential to have experienced legal representation on your side. Learn more here if you have been fired from your job already.
  • Your employer does not have an obligation under workers’ compensation laws to keep your job open for you while you are on a medical leave and unable to work. However, you may have other options for protecting your job, such as taking a qualified leave under the Family and Medical Leave Act (FMLA). If you are unable to return to work following your injury, you may be entitled to Temporary Total Disability (TTD) payments to compensate you while you recover from your injury.

You have many rights following a work injury, including many relating to your employment and what your employer can and cannot do. If you are concerned that you may be fired because of your work injury, you need to contact an attorney to discuss these concerns.

We are prepared to deal effectively with all aspects of your qualified workers’ comp injury and claim, including conflicts that arise with the insurance company or your employer. If you have been terminated, believe you are at risk or simply want to know your rights as you seek the benefits you deserve, please call 303-993-8882 or email us now at Alverson + O’Brien. We will provide a free initial consultation focused squarely on your concerns.