Can You Be Fired While on Workers’ Comp in Colorado?
Key Changes in Colorado Workers’ Compensation Law
Recent updates to Colorado’s Workers’ Compensation system reflect the state’s effort to adapt to the realities of workplace injuries and medical benefits. These changes highlight the importance of knowing your rights under Colorado workers’ comp laws. Delaying a report or failing to seek proper medical benefits could put your workers’ comp claim at risk.
Some of the most critical changes to Colorado law include:
- Reporting time. Injured employees now have a more clearly defined window to report a work-related injury. Prompt reporting ensures access to medical care and protects eligibility for workers’ comp benefits.
- Mental impairment benefits. The law now recognizes psychological conditions tied to injuries. Employees suffering from PTSD or other mental conditions linked to a work injury may qualify for disability benefits and ongoing medical treatments.
- Prosthetic devices. Updated rules expand coverage for prosthetic limbs and similar medical devices. This rule change provides injured employees with the necessary tools for recovery and continued employment.
What Rights Do I Have Under Colorado Workers’ Compensation Law?
Filing a Workers’ Compensation claim in Colorado often causes anxiety for an injured worker. Although your employer can’t fire you for filing the claim, you may still wonder if he or she will find another excuse to let you go. At Alverson + O’Brien, we’re here to help you navigate your claim and return to your position once doctors medically clear you to resume activity.
What Are Valid Reasons for Firing an Employee?
Even if you are on Workers’ Compensation, your employer can still fire you if they present valid reasons for the termination. The employer doesn’t even have to give you prior notice of your firing because Colorado is an “employment-at-will” state. Unless you have a clause in your contract that requires advance notice, you can suddenly find yourself out of a job. If the reason for termination is valid, you have very little recourse.
In practice, however, there are some nuances that make a difference. One of those nuances occurs if your contract calls for you to receive a written warning if you commit an offense that is cause for termination. Discharging an employee without first issuing a warning, in these cases, can give rise to liability.
Examples of actions that are cause for termination of an employee include:
- Not showing up for work without giving notice or repeatedly showing up late
- Unethical conduct
- Personality issues
- Insubordination and failing to follow orders
- Lying and stealing
- Failure of drug or alcohol tests
Firing someone because he or she refuses to break a law is illegal, and so is termination because of sexual, religious, or racial discrimination. If you believe you were fired because of one of these reasons while on disability, you may have a case.
What If My Employer Doesn’t Have a Position for Me When I Am Well Again?
Workers’ Compensation law requires your employer to make reasonable accommodations to you when you return to work from a work-related injury. If you have reached maximum medical improvement, but you are unable to perform your previous duties, your employer may have hired someone else to fill your position. Your employer has rights under Colorado law to fill your job if you cannot perform it in the same capacity as you did previously.
As an injured worker, you should receive disability payments under Colorado Workers’ Compensation until your doctor declares that you have attained maximum medical improvement (MMI). At this point, however, you could legally find yourself out of a job if your employer doesn’t offer you another position.
Why Legal Guidance Matters
A workers’ compensation claim covers medical expenses, but serious injuries may affect your ability to return to light duties, reach Maximum Medical Improvement (MMI) or even remain in the same position. Because Colorado follows at-will employment laws, some employers attempt to justify termination — even during an active workers’ comp claim. We understand the stress that comes from balancing healing with fear of losing your employment, so contact us when you need legal guidance.
Without legal support, it can feel overwhelming to protect your rights. Many employees fear retaliation, wrongful termination or pressure to return to work before they’re physically ready. Experienced attorneys ensure your medical treatments cover everything from initial visits to long-term care and that your company calculates your disability benefits fairly. Legal representatives also ensure your employer complies with the Americans with Disabilities Act (ADA) and challenge any termination tied to your workers’ comp claim.
In these instances, the legality of your employer’s actions can be questioned. Alverson + O’Brien is a law firm that is experienced in handling Colorado Workers’ Compensation claims. If you believe you have a case, contact us for a consultation today.
